There is a previously matter already decided and now it is on appeal due to errors of fact and law. Maybe there is a request for dates to bring a Motion to vary an order and dates are required from the trial scheduling Court. So, you say it is Res Judicata successfully appealed or Res Judicata successfully varied by way of motion. Res judicata is what you say. But, it does not mean dates cannot be chosen by a litigant for appeals or for an Application to have the matter reviewed based on new facts as possible under the rules. Espousing Latin legal principles does not inhibit the workings of the legal rules involving civil litigation in general, appeals and the right to make other applications under the rules. It is a previous matter already decided but it is now on appeal. It is a previous matter already decided but an application to review new facts as available to the litigants under the rules is scheduled for a Judge to review the new facts and the matter in toto.

There is a previously matter already decided and now it is on appeal due to errors of fact and law.  Maybe there is a  request for dates to bring a Motion to vary an order and dates are required from the trial scheduling Court.  So, you say it is Res Judicata successfully appealed or Res Judicata successfully varied by way  of motion.  Res judicata is what you say. But, it does not mean dates cannot be chosen by a litigant for appeals or for an Application to have the matter reviewed based on new facts as possible under the rules. Espousing Latin legal principles does not inhibit the workings of the legal rules involving civil litigation in general, appeals and the right to make other applications under the rules.   It is a previous matter already decided but it is now on appeal. It is a previous matter already decided but an application to review new facts as available to the litigants under the rules is scheduled for a Judge to review the new facts and the matter in toto.