Port of Melbourne Authority v Anshun Pty Ltd

JurisdictionAustralia Federal only
Neutral Citation[1981] HCA 45,1981-0901 HCA B
Date1981
Year1981
CourtHigh Court

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755 cases
3 firm's commentaries
  • Claims in contract and estoppel: The jurisdiction of the NSW Land and Environment Court
    • Australia
    • Mondaq Australia
    • 13 April 2015
    ...that Wilson could not now seek to rely upon those alleged rights, pursuant to the judgment in Port of Melbourne Authority v Anshun (1981) 147 CLR 589. In rejecting the Council's claim, the Court noted Wilson had not previously sought to enlarge, intensify, alter, rebuild or change (Alterati......
  • 'Anshun' estoppel - the risks of waiting
    • Australia
    • Mondaq Australia
    • 26 January 2012
    ...the supplier. But is it too late? Have you lost the opportunity to pursue your claim? In Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45, the High Court laid down the principles which came to be known as "Anshun estoppel". In essence, a party can be prevented from making claims w......
  • Fair suck of the sauce bottle: Can a builder be sued twice for the same defects?
    • Australia
    • Mondaq Australia
    • 19 September 2014
    ...(faulty) crane had been hired from the Port of Melbourne Authority by the worker's employer. Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45 The earlier case with Sotareles' claim for personal injury compensation for an accident caused by crane equipment hired by Anshun from the ......
4 books & journal articles
  • Litigation
    • United Kingdom
    • Construction Law. Volume III - Third Edition
    • 13 April 2020
    ...(1843) 3 Hare 100 at 114–115, per Sir James Wigram V-C [67 ER 313 at 319]. See also Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 at 602–603, per Gibbs CJ, Mason and Aickin JJ; Beoco Ltd v Alfa Laval Co Ltd [1995] QB 137 at 147, per Stuart-Smith LJ; Hamlin v Edwin Evans (1......
  • Conclusion : reconceptualising the maritime lien and the conflict of laws
    • South Africa
    • Sabinet Transactions of the Centre for Business Law No. 2011-47, January 2011
    • 1 January 2011
    ...v Milotin (1957) 97 CLR 465 at 474; and Zakrzewski, op cit n 101, at 50. See, however, Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 for a discussion of the other meanings of the term cause of action.257 Fielder v Ohio Edison Co 109 NE 2d 855 (1952). See also Maher, op cit......
  • THE APPLICATION OF THE HENDERSON V HENDERSON RULE IN INTERNATIONAL ARBITRATION
    • Singapore
    • Singapore Academy of Law Journal No. 2014, December 2014
    • 1 December 2014
    ...5 HKLRD 1. 4Asia Commercial Finance (M) Bhd v Kawal Teliti Sdn Bhd[1995] 3 MLJ 189. 5Port of Melbourne Authority v Ashnun Pty Ltd(1981) 147 CLR 589. 6Commissioner of Inland Revenue v Bhanabhai[2007] 2 NZLR 478. 7 Filip De Ly & Audley Sheppard, “ILA Recommendations on Lis Pendens and Res Jud......
  • Which estoppel in the law of Saint Lucia?
    • Barbados
    • Caribbean Law Review No. 2-2, December 1992
    • 1 December 1992
    ...35 Colin Howard, "Issue Estoppel and Autrefois Acquit" (1964) 27 M.L.R. 361. 36 Port o f Melbourne Authority v. Ashua Pty. Ltd. (1981) 147 C.L.R. 589 at p .602; Chamberlin v. Deputy Commissioner o f Taxation (1987) 164 C.L.R. 502. 37 Gertrude Wasserman, "The Doctrine of Fins De Non-Recevoir......