› Res judicata — consent orders — self-executing dismissal
Estoppel
› Estoppel by judgment
› Res judicata — default judgments — circumstances of dismissal
Practice and procedure
› Summary judgment
› No reasonable prospects of success — res judicata bar
Practice and procedure
› Setting aside perfected judgments
› Requirement for properly particularised allegation of fraud in procuring judgment
Quick Take
1The dismissal of a claim pursuant to a self-executing consent order — where the consent orders reflected a binding agreement between the parties and provided for deemed admissions of liability in relation to an itemised schedule of claims — is capable of giving rise to res judicata, even in the absence of a merits determination following the presentation of evidence and argument.
2To overcome res judicata arising from a perfected judgment, a party must seek to set aside that judgment and must advance a properly particularised allegation of fraud in the procuring of the judgment itself; an allegation that the underlying claim was fraudulent (e.g. fraudulent overcharging) does not constitute fraud in procuring the judgment.
3Evidence said to support allegations that could have been raised in the original proceedings is not 'fresh evidence' capable of providing a basis to impugn a perfected judgment where it was, or ought reasonably to have been, available prior to that judgment.
