ESTOPPEL - res judicata - issue estoppel - guarantor seeks to defend proceedings and cross-claim relying on issues determined adversely to principal debtor - dismissal of proceedings brought by principal debtor in Federal Court - dismissal by consent - whether issue estoppel - guarantor is sole shareholder and controller of principal debtor company - whether a privy of the company - whether loss sought to be claimed was reflective loss of company
PROCEDURE - application to file cross-claim out of time - where applicant consented to orders on numerous occasions to file cross-claim but failed to do so - no satisfactory explanation for failures - consideration of the applicant's approach to the proceedings generally
Case Details
Citation[2013] NSWSC 1264
CourtNSWSC
JurisdictionNew South Wales
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