Proper service of dismissal order: tribunal recalls earlier order and restores appeal after finding order was not served.

The Tribunal found that the final order had not been enclosed with the covering letter, so the appellant had not been properly served with the dismissal order. On that factual basis, the delay objection was not treated as a bar to restoration, and the earlier dismissal was recalled. The appeal was restored to its original number.

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Issues: Whether the earlier dismissal order should be recalled and the appeal restored when the final order had not been enclosed with the covering letter and the appellant did not receive the order.

Analysis: The Tribunal verified the original covering letter and found that the final order had remained unenclosed. On that basis, the Tribunal accepted that the appellant had not been properly served with the dismissal order. The delay objection was therefore not accepted as a bar to restoration.

Conclusion: The earlier order was recalled and the appeal was restored to its original number.

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