Ģ��ƵDT/2013/082

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Following successful settlement discussions, the Applicant filed a motion to withdraw her application, confirming that she was withdrawing all of her allegations and claims. The Ģ��ƵDT stated in the judgment that, the dispute having been settled by way of a settlement agreement, the Applicant withdrew her case fully, finally, and entirely, including on the merits. The case was closed without liberty to reinstate or appeal.

Decision Contested or Judgment/Order Appealed

The Applicant filed an application contesting the application of ST/AI/2007/3 (After-service health insurance) instead of ST/AI/394 (After-service health insurance) to her particular circumstances, thus rendering her ineligible for after-service health insurance.

Legal Principle(s)

Finality of disputes: The desirability of finality of disputes in proceedings requires that a party should be able to raise a valid defence of res judicata which provides that a matter between the same persons, involving the same cause of action may not be adjudicated twice. Res judicata: Once a matter has been determined, parties should not be able to re-litigate the same issue. An issue, broadly speaking, is a matter of fact or question of law in a dispute between two or more parties which a court is called upon to decide and pronounce itself on in its judgment. The object of the res judicata rule is that ��there must be an end to litigation�� in order ��to ensure the stability of the judicial process�� (Meron 2012-Ģ��ƵAT-198).Judgment: Generally, a judgment involves a final determination of the proceedings or of a particular issue in those proceedings.

Outcome

Dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Garcia-Webster

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement