Rehearing after announcement of operative order allowed before signing and issuance of the detailed order.

A miscellaneous application for rehearing was treated as maintainable where the operative portion of the earlier order had only been announced, but the order had not yet been signed or formally issued with reasons. Because the request to reopen the matter was made before any detailed order came into existence, the Tribunal held that the order could be recalled and the appeal reheard. The decision turns on the distinction between an announced operative portion and a completed signed order, and on the Tribunal's ability to recall proceedings before formal issuance.

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Issues: Whether the miscellaneous application seeking rehearing of the appeal after announcement of the operative portion of the order, but before signing and issuance of the detailed order, was maintainable and liable to be allowed.

Analysis: The Tribunal noted that the operative portion of the earlier order had been announced in court, but the order had not yet been signed or issued with reasons. It also noted that the application for reopening and rehearing had been filed before any formal detailed order came to be issued. In these circumstances, and having regard to the decisions cited, the Tribunal accepted that the order could be recalled and the appeal reheard.

Conclusion: The miscellaneous application for rehearing was allowed.

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