Issue estoppel extends not only to the final conclusion of earlier proceedings but also to matters necessarily established as the legal foundation or justification for that conclusion, including findings that a party was not the registered proprietor of disputed land and had no equitable or legal interest based on adverse possession. Where defences raise no fact or issue beyond those subject to estoppel, the court may properly strike out the defences and grant relief without proceeding to trial.
The full text is available to signed-in members.