Judgment No. 1216
Decision
THE COMPLAINT IS DISMISSED.
Consideration 3
Extract:
"There are three conditions for sustaining [irreceivability under the res judicata rule]: the parties, the purpose of the suit and the cause of action must be the same as in the earlier case."
Keywords
res judicata; same cause of action; same parties; same purpose; case law; definition
Consideration 3
Extract:
"Identity of purpose means that what the complainant is seeking is what he would have obtained had his earlier suit succeeded. The criterion is not the purport of the decision but the complainant's true intention."
Keywords
res judicata; same purpose; definition
Consideration 4
Extract:
Among the conditions which the Tribunal sets out for pleading res judicata is cause of action. "What the cause of action means is the foundation of the claim in law. It is not the same thing as the pleas, which are submissions on issues of law or of fact put forward in support of the claim. [...] In many instances the question will be whether the complainant's line of argument does not show some direct link with the earlier case." This entails determining whether the complainant's claim has "the same foundation in law as the claims dismissed in earlier judgments".
Keywords
res judicata; same cause of action; cause; definition
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