2015-Ģ��ƵAT-567

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT had before it an application for correction of judgment and an application for interpretation of judgment for judgment No. 2015-Ģ��ƵAT-499, both submitted by Mr Fedorchenko. Ģ��ƵAT held that Mr Fedorchenko��s applications did not come within the criteria set forth in the relevant statutory provisions. On the application for correction, Ģ��ƵAT held that Mr Fedorchenko did not cite any clerical or arithmetical mistake to justify a correction of judgment and failed to identify any meaning or scope of the judgment to justify interpretation or identify which sentences or words were unclear or ambiguous. On ICAO��s request for costs on the basis that the applications were frivolous and filing them constituted an abuse of process, Ģ��ƵAT held that it was not inclined to award costs against Mr Fedorchenko despite the burden on the Respondent in having to defend against the applications. Ģ��ƵAT advised Mr Fedorchenko that he might be subject to an award of costs if he continued to file frivolous motions. Ģ��ƵAT denied the Respondent��s request for costs. Ģ��ƵAT dismissed the applications for correction and interpretation of judgment.

Decision Contested or Judgment/Order Appealed

Previous Ģ��ƵAT judgment: Mr Fedorchenko contested alleged irregularities in an investigation. In judgment No. 2015-Ģ��ƵAT-499, Ģ��ƵAT granted, in part, Mr Fedorchenko��s appeal and remanded the case to the ICAO Advisory Joint Appeals Board.

Legal Principle(s)

An application seeking review of a final judgment rendered by Ģ��ƵAT can only succeed if it fulfils the strict and exceptional criteria established under its Statute.

Outcome

Revision, correction, interpretation or execution

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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

Fedorchenko

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement