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Judgment No. 1504

Decision

1. THE APPLICATION IS DISMISSED.
2. THE ORGANIZATION SHALL PAY THE COMPLAINANT 3,000 SWISS FRANCS IN COSTS.

Consideration 13

Extract:

"It is not appropriate for [the complainant] to make a counterclaim to damages [for the moral injury allegedly caused to her] in the context of her submissions on an application by the organization for review [...] The claim arises out of a separate cause of action and is one that she should pursue separately."

Keywords

application for review; claim; new claim; counterclaim; moral damages

Consideration 9

Extract:

For a plea alleging discovery of a new fact to succeed the fact must be one that the party seeking review "could not reasonably have been expected to discover in time and plead in the original case."

Keywords

application for review; new fact on which the party was unable to rely in the original proceedings



 
Last updated: 16.08.2017 ^ top