Port of Melbourne Authority v Anshun Pty Ltd
Jurisdiction | Australia Federal only |
Neutral Citation | [1981] HCA 45,1981-0901 HCA B |
Date | 1981 |
Year | 1981 |
Court | High Court |
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747 cases
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Michael Wilson & Partners Ltd v Nicholls
...to the application of doctrines of preclusion and, in particular, an extension of that species of preclusion dealt with in Port of Melbourne Authority v Anshun Pty Ltd65. 95 Lindgren AJA described the abuse differently. He identified 66 it as being the enforcement of the orders obtained at ......
- Yates Property Corporation Pty Ltd v Boland
- Re St Leon; ex parte National Australiabank Ltd
- Re Zakrzewski; Zakrzewski v Rodgers
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6 firm's commentaries
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Anshun Estoppel the risks of waiting, 25 years on
...estoppel" may be a quarter of a century old, having been laid down by the High Court in Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45, but they retain critical importance. In essence, an Anshun estoppel can prevent a party from making claims which should have been pursued in ea......
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Claims in contract and estoppel: The jurisdiction of the NSW Land and Environment Court
...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......
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'Anshun' estoppel - the risks of waiting
...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......
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Group members not prevented from raising individual defences in subsequent actions for debt recovery
...recent years, producing conflicting authorities. The key issue has been whether Anshun (Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45) estoppel applies; that is, that group members are prevented from bringing claims or raising defences in subsequent proceedings which should hav......
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4 books & journal articles
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Litigation
...(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......
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Conclusion : reconceptualising the maritime lien and the conflict of laws
...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......
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THE APPLICATION OF THE HENDERSON V HENDERSON RULE IN INTERNATIONAL ARBITRATION
...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......
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Which estoppel in the law of Saint Lucia?
...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......