Abuse of process

By robert / June 6, 2017 / Comments Off on Abuse of process

CGU Insurance Ltd v Watson [2007] NSWCA 301 at [40]: The Supreme Court has an inherent jurisdiction to prevent abuse of its procedures, and may stay or dismiss proceedings the bringing or continuance of which is an abuse of process. Even if principles of res judicata or Anshun estoppel do not apply, there may be…

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Estoppel: "finality"

By robert / August 18, 2016 / 0 Comments
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Issue estoppel

By Robert Sheldon / August 28, 2015 / Comments Off on Issue estoppel

Estoppel – Issue estoppel – Appellant employed at abattoir operated by respondent – Appellant subsequently employed by third party providing labour services to respondent – Appellant complained to Fair Work Ombudsman that entitlements not paid upon termination of employment – Fair Work Ombudsman commenced proceedings in Federal Court of Australia against respondent – Federal Court…

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