You have bought defective goods from a supplier, which has
caused damage to your property. You refuse to pay for those goods,
so the supplier sues you. You defend the claim on the basis that
the supplier has given you defective goods, but decide against
pursuing your claim for damages – you want to see how this
claim plays out before incurring the substantial costs of pursuing
your own.
You reach a settlement with the supplier, which makes no
reference to any claim for damages you might have, and then
commence your own claim against the supplier. But is it too late?
Have you lost the opportunity to pursue your claim?
The principles known as "Anshun 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 earlier proceedings.
The test
