Civil Procedure – Application for relief from sanctions – Multiple applications made by the claimant for relief from sanctions for the failure to file and exchange his witness statement within the time stipulated by order of the court – Application for relief from sanctions refused by the court – Res judicata – Whether the doctrine of res judicata applies to the subsequent application for relief from sanctions – Whether the doctrine of res judicata applies to discretionary decisions which are made at an interlocutory stage and before any findings of fact are made – Issue estoppel – Whether the doctrine of issue estoppel applies to the subsequent application for relief from sanctions – Whether the doctrine of issue estoppel applies to discretionary decisions which are made at an interlocutory stage and before findings of fact are made – Abuse of process – Whether the application for relief from sanctions amounts to an abuse of the process of the court – Whether the claimant has demonstrated that there has been a material change in circumstances so as to warrant the court’s varying or rescinding a previous order of a court of concurrent jurisdiction
Constitutional relief – Whether specific provisions of the rules of the court are unconstitutional – Whether the requisite jurisdiction of the court is invoked to grant constitutional relief – Sections 16(2) and 19, The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, Sections 28 and 48(g), Judicature (Supreme Court) Act, Rules 8.1(3), 8.1(4), 8.8, 26.8(1), (2) and (3), 29.6, 29.11, 56.9 and 56.10, Civil Procedure Rules, 2002, as amended