The court considered the necessary elements of issue estoppel: ‘According to the clear principles of the law of estoppel, it is necessary, in order to estop the objector, to show that he derives title under Dwyer by act or operation of law subsequent to the recovery of the judgment. If this is shown it is reasonable that he should be estopped, because his estate was represented at the time of the recovery of the judgment though not in his person.’
Judges:
Madden J
Citations:
[1896] IR 274
Cited by:
Cited – Wiltshire v Powell and others CA 7-May-2004
The claimant sought a declaration as to the ownership of an aircraft. Saying he had bought it in good faith from E H and S, who in turn similarly claimed to have bought it from Ebbs. The defendant had obtained a judgment that he was owner as against . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Estoppel
Updated: 30 April 2022; Ref: scu.198730