Bazos and Anor v Doman and Ors [2001] NSWCA 347

Bazos and Anor v Doman and Ors [2001] NSWCA 347

The appeal failed because s49 of the District Court Act 1973 did not apply: no judgment had been given or entered up and no final order had been made in the Local Court, and the Local Court and District Court proceedings concerned different rental periods, different breaches, different rights and different facts. The Anshun contention also failed because the later District Court claim was not the same cause of action, did not involve substantially the same facts, and could not produce a judgment conflicting with any Local Court judgment.

Jurisdiction
Australia
Judgment Date
04 October 2001
Procedural Posture
Appeal From District Court Judgment Dismissing a Notice of Motion to Strike Out, Dismiss or Stay Proceedings / Appeal by Leave to the New South Wales Court of Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['commercial Lease' 'non Payment of Rent' 'guarantors' 'splitting Causes of Action' 'district Court Act 1973 S49' 'anshun Estoppel' 'res Judicata' 'local Court Arbitration']
['property Law' 'civil Procedure' 'contract Law'] ['commercial Lease' 'non Payment of Rent' 'guarantors' 'splitting Causes of Action' 'district Court Act 1973 S49' 'anshun Estoppel' 'res Judicata' 'local Court Arbitration']

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Procedural Posture

Appeal From District Court Judgment Dismissing a Notice of Motion to Strike Out, Dismiss or Stay Proceedings / Appeal by Leave to the New South Wales Court of Appeal

Legal Issues

  1. 1 ['Whether the District Court proceedings should be struck out or dismissed under s49 of the District Court Act 1973 because the respondents had split or divided a cause of action already pursued in the Local Court.' 'Whether the District Court proceedings should be stayed under the principles in Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589.' 'Whether there had been a judgment entered, judgment given, or final order made in the Local Court proceedings.' 'Whether claims for unpaid rent for different monthly periods under the same lease involved the same cause of action or substantially the same facts.']

Ratio Decidendi

The appeal failed because s49 of the District Court Act 1973 did not apply: no judgment had been given or entered up and no final order had been made in the Local Court, and the Local Court and District Court proceedings concerned different rental periods, different breaches, different rights and different facts. The Anshun contention also failed because the later District Court claim was not the same cause of action, did not involve substantially the same facts, and could not produce a judgment conflicting with any Local Court judgment.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']