Wei Fan v South Eastern Local Health District [2021] NSWCA 36

Wei Fan v South Eastern Local Health District [2021] NSWCA 36

The application for leave to appeal was dismissed because the applicant's claims were the subject of a final determination on the merits, which has already been unsuccessfully appealed and for which special leave to appeal to the High Court was refused, creating a cause of action estoppel that precludes further...

Source-derived case information.

Parties
Applicant: Wei Fan; Respondent: South Eastern Local Health District
Jurisdiction
Australia
Judgment Date
18 March 2021
Procedural Posture
Appeal (leave to Appeal) / Application for Leave to Appeal to the Court of Appeal From Summary Dismissal in Supreme Court
Outcome
Application for leave to appeal dismissed
Legal Topics
Appeals, Cause of Action Estoppel, Summary Dismissal, Res Judicata
Civil Procedure Appeals Cause of Action Estoppel Summary Dismissal Res Judicata

Source-derived case record

Summary, issues, holding and outcome

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Parties

Wei Fan

Applicant

South Eastern Local Health District

Respondent

Procedural Posture

Appeal (leave to Appeal) / Application for Leave to Appeal to the Court of Appeal From Summary Dismissal in Supreme Court

Legal Issues

  1. 1 Whether the applicant's claim was subject to cause of action estoppel
  2. 2 Whether leave to appeal should be granted where the claim has previously been finally determined

Ratio Decidendi

The application for leave to appeal was dismissed because the applicant's claims were the subject of a final determination on the merits, which has already been unsuccessfully appealed and for which special leave to appeal to the High Court was refused, creating a cause of action estoppel that precludes further litigation.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Summons seeking leave to appeal is dismissed
  • No order as to costs