LAWS104 Chapter Notes - Chapter 36: Westpac, Estoppel, Res Judicata
11 May 2018
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Chapter 36 [Equitable Estoppel]
- All fos of estoppel ae o laelled ude euitale estoppel
- Put i geeal tes, [estoppel] is a dotie desiged to potet a pat fo the
detiet that ould flo fo that pats hage of positio if the assuptio o
eeptio that led to it ee to e edeed goudless aothe The Bell Goup
Ltd (in liq) v Westpac Banking Corporation (No 9) – Owen J)
Common Law Estoppel
- Estoppel by deed
- Estoppel by judgement
- Estoppel by conduct
Estoppel by Deed
- An evidentiary rule relating to deeds
- The rule states that precise and unambiguous statements in a deed, usually to be
foud i the eitals to a deed, ae take as idig etee the paties ad piies,
ad theefoe as ot adittig a otadito poof Gee Kettle [13]
- This means that in any dispute between the parties in relation to the transaction that
is the subject of the deed, the facts set out in the deed are accepted as being true
and beyond the need of any proof
Estoppel by Judgment
- There are three types of estoppel by judgment
o Issue estoppel
o Res judicata
o Anshun estoppel
Issue Estoppel
- A pat is peluded fo aisig i a suseuet poeedig of a ultiate issue of
fact or law which was necessarily resolved as a step in reaching the determination
ade i the judget
- Elements of issue estoppel
o That the same issue has been decided
o That the judgment in the case that creates the estoppel was a final one
o That the parties to the case are the same persons as the parties to the
proceedings in which the estoppel is raised
- Where the basis for issue estoppel has been established, the court retains and
overriding discretion to permit the proceedings to continue – however this
discretion is likely to be exercised only in exceptional circumstances
Red judicata
- When a final judgment on a matter has been handed down, one party to the
litigation is prevented from taking proceedings for the same cause of action or any
other cause of action against the other based upon the facts of the earlier case
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