What is the test for barring the re-litigation of this issue?

The Order made was a final determination of the issue of the amendment. The costs award is an adjunct to that determination in accordance with the Rules. The test for barring the re‑litigation of this issue was set out in Phillips v. Phillips , [2007] A.J. No. 825 at paragraph 54:– A prior judicial decision will not raise an estoppel by res judicata, either issue estoppel or cause of action estoppel, unless (i) it was a final decision pronounced by a court of competent jurisdiction over the parties and the subject matter; (ii) the decision was, or involved, a determination of the same issue or cause of action as that sought to be controverted or advanced in the present litigation; and (iii) the parties to the prior judicial proceeding or their privies are the same persons as the parties to the present action or their privies.