Court of Appeal Wellington
10, 29 August 1994
Hardie Boys, McKay and Tipping JJ
10, 29 August 1994
Hardie Boys, McKay and Tipping JJ
Equity — Estoppel — Res judicata and issue estoppel — Earlier judgment of Court that caveat not sustainable on basis of alleged implied or constructive trust — Substantive claim including cause of action based on resulting or constructive trust — Application to strike out cause of action — Whether plaintiff estopped by earlier judgment.
Practice and procedure — Defences — Res judicata and issue estoppel — Earlier judgment of Court that caveat not sustainable on basis of alleged implied or constructive trust — Substantive claim including cause of action based on resulting or constructive trust — Application to strike out cause of action — Whether plaintiff estopped by earlier judgment.
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