Foley v Bank of New Zealand - [1953] NZLR 303

Practice — Judgment — Nonsuit — Oral Judgment for Defendant — Subsequent Application by Plaintiffs for Judgment of Nonsuit — No Election after Delivery of Judgment, Written or Oral — Pleadings containing No Allegation of Negligence and New Trial desired on That Issue — Plaintiffs estopped from bringing New Action against Same Defendant when Claim not founded on Recovery of All Their Rights — Possibility of Slip or Oversight not Exceptional Circumstance — Interest reipublicae ut finis sit litium — Code of Civil Procedure, R 272.