HILL v HILL

The Plaintiff was unsuccessful at Trial and on Appeal. He sought to bring a fresh Claim against the same Defendants with the same relief on the basis that new evidence was discovered. He further alleged that the original Judgment was granted because the Defendants were dishonest and fraudulent. The Defendants sought to strike the Plaintiff’s Claim under Rules 3.68(2)(c) and 3.68(2)(d) on the grounds that it was res judicata. Hall J. held that the new evidence was significant and that there was a reasonable probability that a new Trial Judge would find the evidence conclusive. The Defendants’ Application to strike the Claim was dismissed.