Service of notice and omitted cross objection justified recall of the final order and rehearing of the appeal.

The Tribunal recalled its earlier final order and restored the appeal for rehearing because the cross objection had been received and numbered but was not listed with the appeal, and the record did not show availability of the acknowledgement card for the hearing notice. On those facts, the usual presumption of service from registered post was treated as inapplicable. The matter was therefore restored to its original number and posted for final hearing along with the cross objection.

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Issues: Whether the earlier final order deserved to be recalled and the appeal restored for rehearing along with the cross objection, in view of the disputed service of notice and the omission to list the cross objection.

Analysis: The Tribunal noted that the cross objection had in fact been received and numbered, and that the notice of hearing was shown as despatched but the acknowledgement card was not available. In these circumstances, and since the cross objection had not been listed with the appeal, the earlier order was considered fit to be recalled and the matter reheard. The presumption of service arising from registered post was held inapplicable on the facts noticed.

Outcome: The earlier order was recalled, the appeal was restored to its original number, and the matter was posted for final hearing.

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