Eg if a party should have brought a defence did not

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e.g. if a party should have brought a defence & did not, can’t issue new proceedings seeking to have that defence relied upon.
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Issue Estoppel Prevents a party from re-opening an issue that has previously been determined between the same parties Finding in one proceeding that the defendant was responsible for an explosion that injured the plaintiff plaintiff then issues proceedings separately for damage to property Defendant cannot argue in 2 nd case that it did not cause the explosion –issue already decided between the parties in the first case.
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Issue Estoppel What is the rationale for this? To prevent contradictory rulings on the same issue, and limit waste through duplication of court and individual resources. Carter v Walker [2010] VSCA at [49] – [105].
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Carter v Walker [2010] VSCA 340 The principles governing the operation of the doctrine are, by now, reasonably well settled. The first is that an issue estoppel may be found to arise out of either a determination of fact, or of law. The next is that an issue estoppel can result from an inferred judicial determination. That includes a conviction in a criminal proceeding. However, such an estoppel can only apply if an issue in the second proceeding is the same as one decided in or covered by the first. The determination must be integral to the actual decision reached, and not merely incidental or collateral. Issue estoppel, of course, applies only to issues. There is no estoppel as to mere evidentiary facts found in the course of determining those issues …” (para 79 )
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Res Judicata cf Issue Estoppel Issue estoppel Issue estoppel occurs when a particular matter is taken to have been decided in earlier proceedings. Res judicata Res judicata relates to the entire cause of action. Under res judicata, a final judgment on the merits of an action precludes the parties from re-litigating issues that were, or could have been or could have been , raised in that action. Under issue estoppel, once a court has decided an issue of fact or law necessary to its judgment, that decision may preclude re-litigation of the issue in a suit on a different cause of action involving a party to the first case.
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Joinder of parties May wish to add extra parties, because other people were involved in the transaction and court can’t resolve issues without them as parties because their rights and/or liabilities are affected.
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Joinder of Parties Joinder of Parties Obvious policy: avoid duplication and have consistency of decisions. Why bring other plaintiffs in? Joint rights, or the same sort of claim, eg two people lost money from a negligent accountant. Why join co-defendants? Multiple people responsible, or uncertainty as to who is liable, eg the manufacturer of a product or producer of raw materials used to make it.
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Joinder of Parties Permissive joinder r 9.02 Compulsory / necessary joinder r 9.03
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Joinder of Parties Joinder of Parties Permissive joinder – Plaintiff voluntarily adds extra
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