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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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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 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 risk of harm solicitor statutory construction summary dismissal summary disposal TPD Workers Compensation Act 1987 (NSW) – s 151Z(1)(d)

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