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Australia Leading Case strike out and summary judgment

Port of Melbourne Authority v Anshun Pty Ltd

(1981) 147 CLR 589
JurisdictionAustralia
CourtHigh Court of Australia
Year1981
StatusBinding authority

Summary

A party is estopped from raising in later proceedings a claim or defence that it would have been unreasonable not to have raised in earlier related proceedings (Anshun estoppel).

Key Principle

Anshun estoppel; party estopped from raising in later proceedings a claim that should reasonably have been raised earlier

Area of Law

Res Judicata and Estoppel

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