PRACTICE AND PROCEDURE - res judicata - liability for legal fees - previous adjudication as to liability in Magistrates' Court - dispute as to identity of client - res judicata established
PRACTICE AND PROCEDURE - Anshun estoppel - liability for legal fees - previous adjudication as to liability in Magistrates' Court - further allegations of unconscionable conduct and misleading and deceptive conduct - whether unreasonable not to have raised such allegations in previous action - Anshun estoppel established
CONTRACTS - services relating to sale of franchise business - whether solicitors breached contract with client - whether franchise agent breached contract with client - no breach established - no causation established
CONTRACTS - identity of parties to contract - liability of agent's representatives - Estate Agents Act 1980 (Vic) s 13A - assignment - whether terms of assignment included right to sue for breach of agency agreement
TORTS - services relating to sale of franchise business - whether solicitors breached duty to client - whether franchise agent breached duty to client - whether materialisation of inherent risk - Wrongs Act 1958 (Vic) s 55 provides complete defence
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