11 Aug 2009
CONTACT ENERGY LIMITED V THE ATTORNEY GENERAL CA CA494/2008
- Citation
- openlaw-40cf2b10_cb51_43de_b743_639e48af8a8a.pdf
- Court
- Court of Appeal
The Court held that invoices reissued under the contract's express reopening clause (cl 12.6.2) after PPI revisions gave rise to different, subsequently liquidated debts distinct from those determined in the 2001 proceedings; accordingly cause of action estoppel, issue estoppel and the Henderson v Henderson rule did not bar the Crown's claims and summary judgment/strike out was inappropriate because factual disputes required trial.