Independent cause of action in final determination preserves later appeal despite withdrawal of challenge to provisional order.

Withdrawal of an appeal against a provisional determination of annual capacity did not bar a later challenge to the final determination, because the final order constituted a separate adjudication and gave rise to an independent cause of action. The earlier withdrawal therefore could not be treated as a waiver of the right to question the subsequent final order. On that basis, the dismissal of the later appeal solely for want of maintainability was unsustainable, and the matter was remanded for fresh consideration on merits.

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Issues: Whether withdrawal of an appeal against a provisional determination of annual capacity barred a subsequent appeal against the final determination of the same capacity.

Analysis: The appellant had earlier withdrawn the appeal against the provisional order, but the impugned order before the Tribunal arose from the later final determination made by the Commissioner. The final order constituted a separate adjudication and gave rise to a fresh cause of action. A challenge to that final order could not be rejected merely because the earlier appeal against the provisional order had been withdrawn.

Conclusion: The withdrawal of the earlier appeal did not bar the subsequent appeal against the final determination, and the dismissal of the appeal on that ground was unsustainable.

Final Conclusion: The appeal was allowed, the Tribunal's order was set aside, and the matter was remanded for fresh adjudication on merits.

Ratio Decidendi: A final determination order creates an independent cause of action, and withdrawal of an appeal against an earlier provisional order does not preclude a challenge to the subsequent final order.

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