Five D Pty Ltd v Impact Building Pty Ltd [2007] NSWLC 4

Five D Pty Ltd v Impact Building Pty Ltd [2007] NSWLC 4

Five D Pty Ltd's claim was an abuse of process because success on the claim would require proof that the contract was formed between Five D and Impact, thereby re-opening the foundational issue of the identity of the contracting parties which had been necessarily, properly and finally determined in the earlier Newcastle Local Court proceedings as being Impact and Mr May. Allowing the claim would create the potential for inconsistent judgments, breach the principle of finality of judicial determination, and undermine public confidence in the administration of justice.

Jurisdiction
Australia
Judgment Date
01 March 2007
Procedural Posture
Civil / Decision on Defendant's Motion to Strike Out the Plaintiff's Statement of Claim Pursuant to Rule 14.28(1)(c) of the Uniform Civil Procedure Rules
Outcome
Motion granted. Plaintiff's statement of claim struck out. Costs to follow the event.
Legal Topics
['abuse of Process' 'striking Out Pleadings' 're Litigation of Issues' 'finality of Judicial Determinations' 'identity of Contracting Parties']
['civil Procedure' 'contract Law'] ['abuse of Process' 'striking Out Pleadings' 're Litigation of Issues' 'finality of Judicial Determinations' 'identity of Contracting Parties']

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Procedural Posture

Civil / Decision on Defendant's Motion to Strike Out the Plaintiff's Statement of Claim Pursuant to Rule 14.28(1)(c) of the Uniform Civil Procedure Rules

Legal Issues

  1. 1 ["Whether Five D Pty Ltd's statement of claim should be struck out as an abuse of process." 'Whether Five D Pty Ltd was seeking to re-litigate the issue, previously determined in proceedings between Impact Building Pty Ltd and Mr May, of who were the parties to the contract for works at Mayfield Plaza.']

Ratio Decidendi

Five D Pty Ltd's claim was an abuse of process because success on the claim would require proof that the contract was formed between Five D and Impact, thereby re-opening the foundational issue of the identity of the contracting parties which had been necessarily, properly and finally determined in the earlier Newcastle Local Court proceedings as being Impact and Mr May. Allowing the claim would create the potential for inconsistent judgments, breach the principle of finality of judicial determination, and undermine public confidence in the administration of justice.

Court Disposition

Motion granted. Plaintiff's statement of claim struck out. Costs to follow the event.

Orders

  • ["Motion granted. Plaintiff's statement of claim struck out pursuant to Rule 14.28(1)(c)." 'Costs to follow the event.']