Pollnow v Armstrong [2000] NSWCA 245

Procedural Posture

Appeal / Appeal From the Supreme Court Equity Division Decision of Cohen J Dismissing Proceedings No 3702 of 1998

Legal Issues

1. 1 ['Whether the later Equity Division proceedings involved the same claim over the same property by the same plaintiff against the same defendant as the earlier proceedings so as to be barred by res judicata.' 'Whether differences in the parties to the earlier and later proceedings prevented the application of res judicata.' 'Whether the alleged absence of a judicial finding on the effectiveness of the Deed of Nomination, or the later availability of the Crawley Deed, allowed the appellant to escape res judicata.' 'Whether the possible exception discussed in Arnold v National Westminster Bank Pty Limited for further relevant material not previously discoverable applied to true res judicata.']

Ratio Decidendi

The later proceedings were barred by res judicata because they involved exactly the same claim over the same property by the same plaintiff against the same proper defendant as the earlier proceedings, namely whether Lake Village Apartments Pty Limited's units in the Beauvest Investment Partnership were held on trust for Mr Pollnow. Differences in the added parties were not relevant, the earlier allegation of trust had failed, and neither the asserted lack of reasons on the Deed of Nomination nor the later Crawley Deed displaced true res judicata.

Court Disposition

Appeal dismissed with costs.

Orders

• ['Appeal dismissed with costs.']