Sendero’s litigation team defended our client in a damages claim based on alleged infringement of easement appurtenant. The claim was dismissed on several grounds, one of which was ineffectiveness of the easement. The adverse party was not happy and sued our client again, this time claiming damages for breach of the contract underlying the easement.
Our defence was based mainly on the res judicata argument that the matter had already been resolved in a final adjudication and thus may not be retried. This argument was accepted by both trial court and appellate court as well as by the Supreme Court. The Supreme Court considered the issue of identical claims in two cases. It made the point of noting that two claims are identical where a court has been asked “to resolve a specific point of law which is identical in all respects and which arose from the same facts”, and denied certiorari to hear the cassation appeal.