Land Enviro Corp Pty Ltd v HTT Huntley Heritage Pty Ltd [2008] NSWSC 185

Land Enviro Corp Pty Ltd v HTT Huntley Heritage Pty Ltd [2008] NSWSC 185

Claims seeking to set aside settlement agreements and consent orders for alleged deceptive conduct may proceed contemporaneously with claims for damages for such conduct, as the court has jurisdiction to set aside its own orders and to award damages; however, claims which are, in substance, for the same relief as already dismissed by consent (as in the 2001 proceedings) may not be pleaded even conditionally in new proceedings unless and until the consent orders are set aside. The contingent advancing of duplicative claims is not permitted while the prior estoppel remains.

Parties
First Plaintiff: Land Enviro Corp Pty Limited; Second Plaintiff: Sam Zdrilic; Third Plaintiff: Amy Zdrilic; Fourth Plaintiff: Amy Holdings Pty Limited; First Defendant: HTT Huntley Heritage Pty Limited; Second Defendant: Robert Michael Renshall; Third Defendant: David Hickie; Fourth Defendant: Sentel Pty Limited; Fifth Defendant: Devubo Pty Limited; Sixth Defendant: Vocifa Pty Limited; Seventh Defendant: Michael John Ansell
Jurisdiction
Australia
Judgment Date
10 March 2008
Procedural Posture
Appeal / Appeal From Decision of Associate Judge (motion to Strike Out Claims)
Outcome
Appeal allowed in part
Legal Topics
Estoppel, Res Judicata, Striking Out Pleadings, Collateral Attack on Judgments, Fraud on Judgment, Consent Orders, Appeal Practice
Civil Procedure Equity Estoppel Res Judicata Striking Out Pleadings Collateral Attack on Judgments Fraud on Judgment Consent Orders +1 more

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Parties

Land Enviro Corp Pty Limited

First Plaintiff

Sam Zdrilic

Second Plaintiff

Amy Zdrilic

Third Plaintiff

Amy Holdings Pty Limited

Fourth Plaintiff

HTT Huntley Heritage Pty Limited

First Defendant

Robert Michael Renshall

Second Defendant

David Hickie

Third Defendant

Sentel Pty Limited

Fourth Defendant

Devubo Pty Limited

Fifth Defendant

Vocifa Pty Limited

Sixth Defendant

Michael John Ansell

Seventh Defendant

Procedural Posture

Appeal / Appeal From Decision of Associate Judge (motion to Strike Out Claims)

Legal Issues

  1. 1 Whether certain claims in a statement of claim are precluded by prior adjudication and consent orders in earlier proceedings
  2. 2 Whether claims to set aside a settlement and consent orders, and for damages for deceptive conduct, may proceed together
  3. 3 Whether claims duplicating settled claims may be advanced contingently on setting aside consent orders

Ratio Decidendi

Claims seeking to set aside settlement agreements and consent orders for alleged deceptive conduct may proceed contemporaneously with claims for damages for such conduct, as the court has jurisdiction to set aside its own orders and to award damages; however, claims which are, in substance, for the same relief as already dismissed by consent (as in the 2001 proceedings) may not be pleaded even conditionally in new proceedings unless and until the consent orders are set aside. The contingent advancing of duplicative claims is not permitted while the prior estoppel remains.

Court Disposition

Appeal allowed in part

Orders

  • Proceedings to continue as to claims seeking to set aside 2004 settlement agreements and consent orders and for damages for alleged deceptive conduct.
  • Claims duplicating those settled and dismissed by prior consent orders (the so-called third and fourth group claims) to be struck out.