Rectification of mistake failed after open-court pronouncement and recorded submissions were upheld against later challenge.

Rectification of mistake was refused where the applicant alleged erroneous recording of submissions and inconsistency with law. The Tribunal noted that the earlier order had been dictated and pronounced in open court in the presence of the appellant's authorised representative, so the recorded submissions could not later be challenged as or inaccurately noted on that basis. The fact that the representative present at the hearing was different from the counsel advancing the rectification request weakened the objection. The rectification application was dismissed.

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Issues: Whether the application for rectification of mistake in the earlier order, on the ground of erroneous recording of submissions and alleged inconsistency of findings with law, was liable to be allowed.

Analysis: The application was based on the assertion that the Tribunal had incorrectly recorded the submissions made during hearing and that the order consequently did not accord with law. The Tribunal noted that the order had been dictated and pronounced in open court in the presence of the appellant's authorised representative. In those circumstances, the applicant could not successfully contend that the recorded submissions were wrongly noted, particularly when the representative present at the hearing was not the counsel who later advanced the challenge.

Conclusion: The request for rectification was rejected and the application was dismissed.

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