Michael John Anderson (Formerly Michael John Lauridsen) v Daphne Lauridsen & anor [2011] NSWSC 849

Supreme Court New South Wales

Medium Neutral Citation: Michael John Anderson (Formerly Michael John Lauridsen) v Daphne Lauridsen & anor [2011] NSWSC 849 Hearing dates: 28/04/2011 Decision date: 28 April 2011 Jurisdiction: Equity Division Before: Brereton J Decision: Proceedings dismissed with costs. Catchwords: RES JUDICATA - Issue estoppel, Anshun estoppel and equitable estoppel - consent orders previously made by Family Court dismissing application by wife of plaintiff to set aside dispositions to first defendant of interests in real property - plaintiff had sought declaration wife had no claim to relevant property - plaintiff now impugns transfer of property to first defendant on grounds of undue influence and unconscionable dealing - where disposition of allegations raised in submissions to Family Court relating to undue influence and unconscionable dealings not essential to Family Court outcome - such matters nonetheless intimately connected with or arise substantially from same matters of fact - plaintiff was bound to have raised such claims in Family Court proceedings -unconscionable to seek to litigate them now. Legislation Cited: (CTH) Family Law Act 1975, s 78, s 79, s79A, s 106B Cases Cited: Allcard v Skinner (1887) 36 Ch D 145 In the Marriage of Clifton and Stuart (1990) 14 Fam LR 511 Port of Melbourne v Anshun Pty Ltd (1981) 147 CLR 589 Robson v Robson (2003) FLC 93-145 Valceski and Another v Valceski and Another (2007) 70 NSWLR 36 Zavodnyik v Alex Constructions Pty Ltd (2005) 67 NSWLR 457 Category: Principal judgment Parties: Michael Anderson (plaintiff) Daphne Lauridsen (first defendant) Sharon Julie Franey (second defendant) Representation: Counsel: Mr A J McInerney (plaintiff) Mr J S Drummond (defendants) Solicitors: Lee & Lyons (plaintiff) Adrian Holmes (defendant) File Number(s): 2007/257833