Scherbekova v Royal Melbourne Institute of Technology [2000] FCA 1566

Scherbekova v Royal Melbourne Institute of Technology [2000] FCA 1566

The application was dismissed as the claims were misconceived, being barred by issue estoppel/Anshun estoppel or outside the court's jurisdiction.

Jurisdiction
Australia
Judgment Date
02 November 2000
Procedural Posture
Application / Motion to Dismiss
Outcome
application dismissed
Legal Topics
['anshun Estoppel' 'issue Estoppel' 'res Judicata' 'jurisdiction' 'breach of Contract' 'tort of Trespass' 'review of Administrative Decisions']
['practice and Procedure' 'employment Law'] ['anshun Estoppel' 'issue Estoppel' 'res Judicata' 'jurisdiction' 'breach of Contract' 'tort of Trespass' 'review of Administrative Decisions']

Case Brief

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Procedural Posture

Application / Motion to Dismiss

Legal Issues

  1. 1 ["Whether the applicant is estopped from re-litigating issues previously determined by another court ('Anshun' estoppel)" 'Whether the Federal Court has jurisdiction to hear claims of breach of contract and tort of trespass in the absence of accrued jurisdiction' 'Whether the Federal Court has jurisdiction to review a decision of the Victorian Civil and Administrative Tribunal']

Ratio Decidendi

The application was dismissed as the claims were misconceived, being barred by issue estoppel/Anshun estoppel or outside the court's jurisdiction.

Court Disposition

application dismissed

Orders

  • ['The application be dismissed.' 'There be no order as to costs.']