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Judgment No. 1174



Consideration 2


"As the Tribunal said in Judgment 1036, only in exceptional circumstances will it entertain an application for review since to allow one is to derogate from the res judicata rule. What is more, the complainant may not submit the same pleas more than once: the Tribunal will entertain in the context of her present application only the pleas that she was unable to put forward in support of the earlier one."


ILOAT Judgment(s): 1036


application for review; admissible grounds for review; res judicata

Consideration 5


The complainant submits that a "new fact [...] would have become obvious had the Tribunal allowed her application for hearings since evidence from the witnesses she wanted to call would have been more telling than her own written submissions. There is nothing in her application to suggest that such evidence would have established a new fact of the kind the case law requires if review of the original judgment was to be warranted. And in any event failure to admit evidence does not afford admissible grounds for review".


application for review; failure to admit evidence; oral proceedings

Consideration 6


"What [the complainant] is alleging is a mistake of law, and that does not afford admissible grounds for review. If it did, a party who was dissatisfied with a ruling might go on challenging it in defiance of the res judicata rule."


application for review; res judicata; mistake of law

Last updated: 28.08.2017 ^ top