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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

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