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Judgment No. 912

Decision

THE APPLICATION IS DISMISSED.

Considerations 3 and 4

Extract:

"The Tribunal dismissed [the complainant's] first two claims to relief and ruled that consequently the other two failed as well: it therefore ruled on all her claims. But what she is in fact alleging is that the Tribunal failed to rule on her plea that
the Administration had not based its decision on the desk audit.
[F]ailure to rule on a plea does not afford admissible grounds for review. But in any event the complainant is mistaken. Implicit in the Tribunal's ruling was a decision that failure by the Administration to base its decision on the desk audit was not unlawful. The Tribunal therefore did not omit to rule on the fourth plea."

Keywords

application for review; omission to rule on a plea

Consideration 2

Extract:

"There are several pleas for review which the Tribunal will entertain provided that its judgment was affected, and they include a material error, i.e. a mistaken finding of fact which involves no exercise of judgment [unlike a mistake in appraisal of facts, which involves exercise of judgment]."

Keywords

application for review; admissible grounds for review; material error; condition



 
Last updated: 28.08.2017 ^ top