The extended doctrine of res judicata (abuse of process based on prior determination involving different parties) requires precise identity of the question decided in the earlier proceedings and the question arising in the later proceedings; mere inconsistency between the outcomes is insufficient, at least where the prior proceedings are civil. Carroll v The Queen is confined to successive criminal proceedings. Recourse to the facts to demonstrate that facially different questions are in substance the same is impermissible under the extended doctrine. The phrases 'substantially the same development' (s 96 EPA Act) and 'not inconsistent with' (cl 145 EPA Regulation) do not necessarily have the same import given their different statutory functions.
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