A claim for deceit based on the same factual matrix as a previously litigated claim for misleading and deceptive conduct under s 52 of the Trade Practices Act is substantially the same cause of action for res judicata purposes, notwithstanding the additional element of fraud required for deceit. Self-representation alone does not constitute special circumstances sufficient to prevent the operation of Anshun estoppel. However, issue estoppel does not arise in respect of findings adverse to a successful party who had no ability to appeal those findings.
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