8 Jul 2009
SHAHDAN LTD v. RICH LIFE INTERNATIONAL LTD
- Citation
- SHAHDAN LTD v. RICH LIFE INTERNATIONAL LTD
- Court
- District Court
- Case number
- DCCJ5614/2006
The court struck out Rich Life's counterclaim as an abuse of process and barred by issue estoppel/res judicata because the misrepresentation allegations were the same in substance as matters already adjudicated and rejected in earlier summary judgment proceedings; allowing the counterclaim would amount to a collateral attack on prior judgments and risk conflicting decisions and bring the administration of justice into disrepute. Additionally, contractual claims against Henderson failed because Henderson acted as agent for Shahdan and did not assume personal liability, and the pleaded implied…