NSW Caselaw
New South Wales Supreme Court
CITATION : Kheng Kok Chua v Archiworks Architects Pty Limited [2009] NSWSC 411
HEARING DATE(S) : 04/05/09 and 06/05/09
JUDGMENT DATE : 21 May 2009
JUDGMENT OF : McDougall J at 1
DECISION : See paragraph [56] of the judgment.
CATCHWORDS : ESTOPPEL – per rem judicatam – defence by way of set-off – judgment for plaintiffs on their claim – whether defendant estopped from maintaining cross claim - construction of offer of compromise. - ESTOPPEL – issue estoppel – whether plaintiff estopped from raising defence of payment based on original claim after judgment on that claim pursuant to accepted offer of compromise.
Civil Procedure Act 2005 LEGISLATION CITED : Evidence Act 1995 Trade Practices Act 1974 Uniform Civil Procedure Rules
CATEGORY : Principal judgment
Isaacs v The Ocean Accident and Guarantee Corporation Ltd (1958) SR (NSW) 69 CASES CITED : Stehar Knitting Mills Pty Ltd v Southern Textile Converters Pty Ltd [1980] 2 NSWLR 514 Whitehouse Properties Pty Ltd v Bond Brewing (NSW) Ltd (1992) 28 NSWLR 17
Kheng Kok Chua (First Plaintiff) Dorothy Chua (Second Plaintiff) PARTIES : Archiworks Architects Pty Limited (First Defendant) Minh Van Hoang (Second Defendant) Jennifer Hoang (Third Defendant)
FILE NUMBER(S) : SC 55026/07
COUNSEL : I H Bailey SC / M W Sneddon (Plaintiffs / Cross-Defendants) M Ashhurst SC (Third Defendant / Cross-Claimant)
SOLICITORS : McLaughlin & Riordan (Plaintiff) McCabe Terrill (Defendant)
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