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Judgment No. 201

Decision

THE COMPLAINT IS DISMISSED.

Considerations

Extract:

"...the sole grounds adduced by [the complainant] in support of his complaint could have been put forward during the proceeding terminated by judgment no. 189. his application for a review of the judgment is therefore irreceivable."

Reference(s)

ILOAT Judgment(s): 189

Keywords

application for review; inadmissible grounds for review

Considerations

Extract:

The complaint could be entertained "only in quite exceptional circumstances, in particular if the complainant adduces facts or evidence which he was unable, through no fault of his own, to produce during the earlier proceedings; it would in any event not provide an opportunity for the parties to repair an omission or correct an error made by them during the original hearing of the case."

Reference(s)

ILOAT Judgment(s): 189

Keywords

application for review; new fact on which the party was unable to rely in the original proceedings; condition

Considerations

Extract:

"there is no provision in the statute or rules of court of the administrative tribunal for the revision of its judgments. such a complaint could therefore be considered by the tribunal only in quite exceptional circumstances..."

Keywords

application for review; finality of judgment; exception; judgment of the tribunal



 
Last updated: 15.08.2017 ^ top