LAWS259 Lecture Notes - Lecture 12: Races Of Starcraft, Argot, Inter Partes
14 Jul 2020
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Week 12 post trial; costs, finality, appeals, enforcement readings. Further useful readings are attached below: attwells v jackson, kendirjian v lepore. Courts and parties are generally in favour of narrowing the issues, this ensures that the court heard only the real issues in dispute. Res judicator; a thing judges described the principle that parities may not re- litigate matters already determined by the court. Issue estoppel; prevents a new claim that would require the new court to reconsider an issue already determined by virtue of prior proceedings. Anshun estoppel; prevents parties bringing new claims for matters that should have been raised in earlier proceedings has the parties acted reasonably and diligently in the prior proceedings. Majority of court decisions are final however, a significant percent of cases can be appealed to another court. Errors that a party considers the primary judge made in the original decision must be identified and these errors must be considered to be appealable.
