Leave to appeal as a mandatory precondition before merits can be examined in an appeal

Leave to appeal was treated as a mandatory precondition where the applicant had to show prejudice before the appeal could be examined on merits. The Tribunal could not reject the appeal without first deciding the prayer for leave to file it. Because that procedural step was omitted, the impugned order could not stand and was set aside. The matter was remitted to the Tribunal for fresh consideration of the leave application on its own merits.

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Issues: Whether the Tribunal could reject the appeal without first considering the prayer for leave to file the appeal and whether the matter required remand for consideration of such leave.

Analysis: Leave to appeal was treated as a mandatory precondition where prejudice had to be shown by the applicant. Only after such leave was sought and considered could the Tribunal examine the merits of the appeal. Since the Tribunal had not followed this procedure and had rejected the appeal without deciding the request for leave, the order could not stand.

Conclusion: The impugned order was set aside and the matter was remitted to the Tribunal for fresh consideration of the prayer for leave to appeal on its own merits.

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