Skip to content
×

Issue estoppel, res judicata and abuse of process March 11, 2016

 

Jener Daluz v John McMahon [2016] NSWSC 202

Application for summary dismissal of medical negligence proceedings relating to treatment of injuries said to have been sustained by the plaintiff in a motor vehicle accident – settlement of separate proceedings relating to the accident itself – whether consent judgment in those proceedings concluded the issue of damage in the medical negligence proceedings – issues of res judicata, estoppel, abuse of process and double satisfaction

Related Articles:

Brexit explained

By robertsheldon | September 25, 2019

Appeals – orders not reasons

By robertsheldon | September 12, 2019

Building site Head contractor: liability to and for the employees of others

By robertsheldon | March 18, 2020

Professional liability, limitation periods and summary dismissal

By robert | December 5, 2017

Search

Categories

Categories

Tags

Tags

5B abuse of process actual knowledge administrative review appeal apportionable claim assault balance of probabilities blameless motor accident causation construction contempt contributory negligence costs damage dangerous recreational activity domestic assistance duty of care economic loss error error on the face of the record insurance issue estoppel judicial review jurisdictional error leave to appeal motor accident negligence non-economic loss obvious risk onus of proof orders pleadings police public authority reasons recent cases res judicata retainer solicitor statutory construction summary dismissal summary disposal TPD Workers Compensation Act 1987 (NSW) – s 151Z(1)(d)

Social Media

Subscribe to the weekly newsletter

Please enter your name.
Please enter a valid email address.
Subscribe
Something went wrong. Please check your entries and try again.
Scroll To Top