LWB431 Lecture Notes - Lecture 3: Obiter Dictum, Natural Justice, Food Irradiation

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If same cause of action, parties, subject matter (cause of action. Res judicata precludes the relitigation of claims made in earlier proceedings between the same parties in respect of the same subject matter (or their privy"s or persons closely connected with the parties). Party is not permitted to reopen matters the subject of the earlier proceeding or which might reasonably have been litigated in the earlier proceeding. That is, if the parties had been exercising reasonable diligence the matter would have been included as part of the earlier litigation: port melbourne authority v anshun. Port of melbourne authority v anshun pty ltd (no 2) Facts: worker had been injured by a load of girders handled by a crane hired by anshun from the port of melbourne authority. Earlier action brought by the injured worker against anshun and the authority, the defendants sought contribution from each other pursuant to the wrongs act.

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