Smith v Wikramanayake & Ors [2011] NSWCA 269

Smith v Wikramanayake & Ors [2011] NSWCA 269

The Court held that the claims brought in the District Court were intimately bound up with those in previous proceedings and, not being covered by the undertaking, were barred by an Anshun estoppel. The primary judge's order was substantially correct.

Jurisdiction
Australia
Judgment Date
31 August 2011
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision on Leave to Appeal
Outcome
Summons for leave to appeal dismissed.
Legal Topics
['res Judicata' 'anshun Estoppel' 'stay of Proceedings']
['civil Procedure'] ['res Judicata' 'anshun Estoppel' 'stay of Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision on Leave to Appeal

Legal Issues

  1. 1 ['Whether the claims in the District Court were barred by Anshun estoppel' "Whether the defendants' undertaking in earlier proceedings covered the present claims" 'Appropriateness of staying proceedings until sale of facility']

Ratio Decidendi

The Court held that the claims brought in the District Court were intimately bound up with those in previous proceedings and, not being covered by the undertaking, were barred by an Anshun estoppel. The primary judge's order was substantially correct.

Court Disposition

Summons for leave to appeal dismissed.

Orders

  • ['Summons for leave to appeal dismissed.' "Applicant to pay the respondents' costs of the proceedings in this Court."]