RES JUDICATA - Issue estoppel - Defendants estopped from denying that the conditions precedent to a consent order for specific performance had been met.
IMPLIED TERM - Release or indemnity of mortgagor - Whether term is necessary for the reasonable or effective operation of the contract - Whether term is so obvious as to go without saying.
EVIDENCE - Failure of the defendant to give evidence in civil proceedings - Jones v Dunkel applied.
Acts Cited:
Case Details
Citation[2005] NSWSC 281
CourtNSWSC
JurisdictionNew South Wales
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