Beck v Weinstock Beck v LW Furniture (Consolidated) Pty Ltd [2011] NSWSC 1195

Supreme Court New South Wales

Medium Neutral Citation: Beck v Weinstock Beck v LW Furniture (Consolidated) Pty Ltd [2011] NSWSC 1195 Hearing dates: 18 August 2011 Decision date: 11 October 2011 Jurisdiction: Equity Division Before: Gzell J Decision: Case of res judicata made out. Portions of amended notice of motion in earlier action and portions of statement of claim in new action struck out. Catchwords: PROCEDURE - Striking out portions of Pleadings - earlier action settled by consent orders - amended notice of motion to raise issues subject of the earlier action - new action as well - whether premature - issues of interpretation of consent orders and alleged breaches to be tried Legislation Cited: Uniform Civil Procedure Rules 2005 Trade Practices Act 1974 (Cth) Cases Cited: Bailey v Marinoff [1971] HCA 49; (1971) 125 CLR 529 Burrell v The Queen [2008] HCA 34; (2008) 238 CLR 218 Habib v Nationwide News Pty Ltd (No 2) [2010] NSWCA 291 Chamberlain v Deputy Commissioner of Taxation [1988] HCA 21; (1987-1988) 164 CLR 502 Bass v Permanent Trustee Co Ltd [1999] HCA 9; (1999) 198 CLR 334 Harvey v Phillips [1956] HCA 27; (1956) 95 CLR 235 Category: Procedural and other rulings Parties: 2007 Proceedings Tamar Rivqa Beck (First Plaintiff) Alem Pty Ltd (Second Plaintiff) Amiran David Weinstock (First Defendant) Helen Weinstock (Second Defendant) Zipor Pty Ltd (Third Defendant) John Halliday (Fourth Defendant) LW Furniture Consolidated (Aust) Pty Ltd (Fifth Defendant)