RES JUDICATA — Issue estoppel, Anshun estoppel and equitable estoppel — consent orders previously made by Family Court dismissing application by wife of plaintiff to set aside dispositions to first defendant of interests in real property — plaintiff had sought declaration wife had no claim to relevant property — plaintiff now impugns transfer of property to first defendant on grounds of undue influence and unconscionable dealing — where disposition of allegations raised in submissions to Family Court relating to undue influence and unconscionable dealings not essential to Family Court outcome — such matters nonetheless intimately connected with or arise substantially from same matters of fact — plaintiff was bound to have raised such claims in Family Court proceedings -unconscionable to seek to litigate them now.
Case Details
Citation[2011] NSWSC 849
CourtNSWSC
JurisdictionNew South Wales
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