High Court Wellington
21 November; 18 December 1958
Shorland J.
21 November; 18 December 1958
Shorland J.
Estoppel — Issue Estoppel — Principle defined — Collision between Motor-vehicles — Both Drivers held to be Negligent and Their Respective Shares of Responsibility for Accident assessed — Subsequent Recovery by Owner of Motor-car from Plaintiff in Earlier Action of Total Cost of Repairs — Later Action by Plaintiff in First Action claiming Recovery from Defendant in First Action of Full Amount of Judgment given in Action by Car-owner — Each Party Estopped from asserting His Share of Responsibility for Accident as being Other than as Previously Determined — Law Reform Act 1936, s. 17 (2) — Contributory Negligence Act 1947, s. 3 (1).
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