J & K Richards Pty Limited v Nick Frisina Constructions Pty Limited [2007] NSWDC 307
No authority supports the application of Anshun estoppel in the circumstances; no basis to strike out or dismiss the Statement of Claim as clearly untenable, frivolous, or abusive; plaintiff can pursue indemnity claim.
- Parties
- Plaintiff/respondent: J & K Richards Pty Limited; Applicant/defendant: Nick Frisina Constructions Pty Limited
- Jurisdiction
- Australia
- Judgment Date
- 09 November 2007
- Procedural Posture
- Civil / Ex Tempore Judgment on Notice of Motion
- Outcome
- Notice of Motion dismissed.
- Legal Topics
- Indemnity Under S 151 Z(1)(d) Workers Compensation Act, Strike Out Application, Abuse of Process, Anshun Estoppel
Case Brief
Summary, issues, holding and outcome
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Parties
J & K Richards Pty Limited
Plaintiff/respondent
Nick Frisina Constructions Pty Limited
Applicant/defendant
Procedural Posture
Civil / Ex Tempore Judgment on Notice of Motion
Legal Issues
- 1 Whether plaintiff is estopped from bringing proceedings by virtue of failure to join in earlier proceedings (Anshun estoppel)
- 2 Whether claim for indemnity is statute barred under s 14 Limitation Act
- 3 Whether Statement of Claim should be dismissed or struck out as an abuse of process
Ratio Decidendi
No authority supports the application of Anshun estoppel in the circumstances; no basis to strike out or dismiss the Statement of Claim as clearly untenable, frivolous, or abusive; plaintiff can pursue indemnity claim.
Court Disposition
Notice of Motion dismissed.
Orders
- Notice of Motion dismissed.
- Applicant/Defendant to pay plaintiff/respondents costs of the Notice of Motion.
Full Case Text
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