NSW Caselaw
Reported Decision : 72 NSWLR 160
New South Wales Supreme Court
CITATION : Land Enviro Corp Pty Ltd v HTT Huntley Heritage Pty Ltd [2008] NSWSC 185
HEARING DATE(S) : 01/02/08
JUDGMENT DATE : 10 March 2008
JURISDICTION : Equity Division
JUDGMENT OF : Barrett J
DECISION : Appeal allowed in part Certain claims in statement of claim to be struck out
CATCHWORDS : PROCEDURE - appeal from decision of Associate Judge - whether certain claims in statement of claim precluded by prior adjudication - prior orders by consent on settlement of proceedings - application to have settlement and consent orders set aside because settlement allegedly procured by deceptive conduct - damages for deceptive conduct also claimed - whether damages claim and claim to have settlement and consent orders set aside may proceed together - whether claims replicating those settled and dealt with by the consent orders may also be progressed but contingently on consent orders being set aside - effect of consent orders in creating estoppel - whether rules of court in force when orders made allow re-agitation of settled claims despite consent orders
Supreme Court Act 1970, s 75A LEGISLATION CITED : Supreme Court Rules 1970, part 34 rule 6A, part 40 rule 8(1) Uniform Civil Procedure Rules 2005, rules 13.4, 14.28, 29.8
CATEGORY : Principal judgment
Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; (1981) 148 CLR 170 Cabassi v Vila (1940) 64 CLR 130 Cachia v Westpac Financial Services Ltd [2005] NSWCA 239 Ferella v Otvosi [2005] NSWSC 678 House v R [1936] HCA 40; (1936) 55 CLR 499 Isaacs v Ocean Accident and Guarantee Corporation Ltd (1957) 58 SR (NSW) 69 Macquarie Bank Ltd v National Mutual Life Association of Australia Ltd (1996) 40 NSWLR 543 CASES CITED : Magnate Projects Pty Ltd v Youma Constructions (No 2) Pty Ltd [2005] NSWCA 331 Markisic v Department of Community Services of New South Wales (No 2) [2006] NSWCA 321 Newmont Pty Ltd v Laverton Nickel NL (No 2) [1981] 1 NSWLR 221 Re South American and Mexican Co; Ex parte Bank of England [1895] 1 Ch 37 Schepis v Esanda Finance Corp Ltd [2007] QCA 263 The Metropolitan Bank Ltd v Pooley (1885) 10 App Cas 210 Thoday v Thoday [1964] P 181 Trawl Industries Pty Ltd v Effem Ford Pty Ltd (1992) 36 FCR 406 Westpac Banking Corporation v Abemond Pty Ltd (unreported, NSWSC, 3 November 1994):
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