Read the full judgment text of FAMV 000030/1999 on BabelCite. This FAMV judgment was delivered on 19 January 2000 before Mr Justice Litton PJ, Mr Justice Ching PJ and Mr Justice Bokhary PJ.
Civil procedure – res judicata – abuse of process – fresh evidence – traffic accident – damages – application for leave to appeal – Court of Final Appeal – The applicant was injured in a traffic accident in 1988 and obtained damages in a first action. He then brought a second action against the same defendants for the same accident. The second action was struck out as res judicata and an abuse of process. The applicant argued minor differences in wording and sought to introduce fresh medical evidence. The Court held that the parties and cause of action were identical, and the applicant failed to meet the criteria for fresh evidence. Application dismissed with costs on an indemnity basis.
Legal issues: Res judicata and abuse of process · Fresh evidence on appeal
Outcome: Application for leave to appeal dismissed.