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Appeal filed with defects, early hearing application not pursued, restoration denied - key lessons on procedural compliance The appeal was filed with defects, leading to notices for rectification. Despite rectification, the early hearing application was not pursued, resulting ...
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Appeal filed with defects, early hearing application not pursued, restoration denied - key lessons on procedural compliance
The appeal was filed with defects, leading to notices for rectification. Despite rectification, the early hearing application was not pursued, resulting in rejection. An application for restoration was denied, as the Tribunal emphasized online publication of orders and the appellant's responsibility to monitor proceedings. The rejection was based on the lack of valid grounds for recall, with the option to file a fresh early hearing application available.
Issues: 1. Appeal filed with defects and subsequent rejection of early hearing application. 2. Allegation of incorrect service of notice and rejection of early hearing application. 3. Application for restoration of early hearing application and allegations of passing an ex-parte order without natural justice principles.
Issue 1: The appeal was filed with defects, leading to notices being sent to the appellant for rectification. Despite the removal of defects, the early hearing application was not pressed on the scheduled dates. The Tribunal listed the application for early hearing, but the appellant and counsel failed to appear, indicating a lack of interest. Subsequently, the application was rejected, and the appeal was to be listed in due course.
Issue 2: An application was filed for restoration of the early hearing application, contesting the alleged incorrect service of notice and the passing of an ex-parte order. The applicant argued that no notice was received for the hearing date, leading to the order being passed without adhering to natural justice principles. However, the Tribunal highlighted its practice of uploading orders and adjournment dates on its website, eliminating the need for physical notices. The applicant's failure to track the listing dates online was emphasized, and the application was rejected.
Issue 3: The applicant's claim of not receiving notice for the hearing date was countered by the Tribunal's reliance on the online publication of proceedings. The responsibility to monitor listing dates fell on the applicant, who had initiated the early hearing application. The rejection of the restoration application was based on the applicant's failure to demonstrate a valid reason for recall, although the option to file a fresh early hearing application remained open for the appellant.
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