Description
Roth J held that that the Applicant company was entitled to permission to amend its defence to a contractual claim brought by the Respondent local authority. A consent order had previously been made as between the parties, however a further issue remained disputed and as such, the Applicant applied to amend its Defence. Roth J held that whilst the consent order had to be treated like a judgment, the issues which the Applicant wished to raise in its amended Defence had not previously been raised and nor could such issues be treated as having implicitly been determined. Accordingly, such issues were not barred by issue estoppel.
