The Reichel v Magrath abuse of process principle (re-litigation of issues already determined) is subject to specific limitations: the issue must have been lost by the party propounding it, necessarily determined and of importance, properly argued before an appropriate tribunal, and the decision must normally be final. The test for capacity of published matter to convey a defamatory imputation furnishes guidance in determining whether a representation was made for the purposes of s 52 of the Trade Practices Act and injurious falsehood claims. The prohibition on inference upon inference applies equally to injurious falsehood and misleading or deceptive conduct claims.
The full text is available to signed-in members, including the 81 later cases that cite this judgment.
6 of the 81 citing cases carry a classified treatment. How each court treated it is available to signed-in members.