Section 174 Evidence Act 2011
Section 174 Evidence Act 2011 is titled ‘Effect of judgment not pleaded as estoppel‘. It is under Part X (PRESUMPTIONS AND ESTOPPEL) of the Act. It states as follows:
(1) If a judgment is not pleaded by way of estoppel it is as between parties and privies deemed to be a relevant fact, whenever any matter, which was or might have been decided in the action in which it was given, is in issue, or is deemed to be relevant to the issue in any subsequent proceeding.
(2) Such judgment is conclusive proof of the facts which it decides, or might have decided, if the party who gives evidence of it had no opportunity of pleading it as an estoppel.