2013-Ģ��ƵAT-380

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General. Ģ��ƵAT considered that Ģ��ƵDT failed to show proper consideration for judicial economy and efficiency by choosing to proceed with a hearing on the merits of Mr Cooke��s application in full knowledge of an appeal by the Secretary-General and ignoring the possibility that its judgment on Receivability might be reversed, as it was. Ģ��ƵAT held that when it determines that Ģ��ƵDT improperly received an application and reverses or vacates a judgment on receivability, any judgment on the merits is null and void ab initio. Ģ��ƵAT clarified that this did not mean, however, that the judgment on the merits was automatically vacated; only Ģ��ƵAT can vacate a judgment, upon application by a party. Ģ��ƵAT granted the Secretary-General��s appeal and vacated the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested his summary dismissal. Ģ��ƵDT found for the Applicant.

Legal Principle(s)

When Ģ��ƵDT improperly receives an application and reverses or vacates a judgment on receivability, any judgment on the merits is null and void ab initio.

Outcome

Appeal granted

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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

Cooke

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement