Tonkin v Riverwalk Realty Pty Ltd [2020] NSWCATAP 260

Tonkin v Riverwalk Realty Pty Ltd [2020] NSWCATAP 260

The appeal was dismissed because the doctrine of res judicata applied; the appellant had already litigated or had the opportunity to litigate her claims regarding the same cause of action in previous proceedings against the respondent, and could not bring fresh proceedings on those matters. Allegations raised...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 December 2020
Procedural Posture
Appeal / Decision on Appeal
Outcome
Appeal dismissed
Legal Topics
['bias' 'res Judicata' 'procedural Fairness']
['administrative Law' 'civil Procedure'] ['bias' 'res Judicata' 'procedural Fairness']

Source-derived case record

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Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 ['Whether there was a denial of procedural fairness to the appellant' 'Whether there was apprehended bias by Tribunal members' 'Whether the doctrine of res judicata applied to bar fresh proceedings against the respondent']

Ratio Decidendi

The appeal was dismissed because the doctrine of res judicata applied; the appellant had already litigated or had the opportunity to litigate her claims regarding the same cause of action in previous proceedings against the respondent, and could not bring fresh proceedings on those matters. Allegations raised regarding bias or denial of procedural fairness should have been appealed in the earlier proceedings and could not be addressed by collateral attack in new proceedings.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed.']