Proceedings commenced against a different defendant (employer's insurer) on identical factual allegations to those conclusively determined against the plaintiff in prior proceedings against the truck owner constitute an abuse of process, notwithstanding that the duty of care is characterised differently (employer's duty vs owner's duty), where the court has already determined there is no relevant difference between the two duties. The identity of the factual issues, not the characterisation of the duty, is determinative.
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