The appellant appealed the dismissal of her action.
The Court of Appeal held that a failed Rule 20 motion for summary judgment by a plaintiff does not preclude a later Rule 21 motion by a defendant, as the issues are different and no issue estoppel arises.
Furthermore, a previous panel of the court had already determined the appellant lacked legal capacity to sue the respondents.
As the current action involved the same parties and factual allegations, it was an attempt to re-litigate the issues and was barred by res judicata.
The appeal was dismissed with costs.
