22 Sept 2016
The application for certification was refused because the questions raised did not disclose points of law of great and general importance but instead raised issues of substantial and grave injustice and fact-specific application of settled retrial principles; the Court had fully considered the issues during a comprehensive seven-day hearing and therefore certification was not justified.
4 Oct 2013
Once the Tribunal has made a review decision the original decision is superseded and any application for leave to appeal must be made in relation to the review decision with time running from the date of that review decision; however an appeal against the review decision is not restricted to grounds that were raised in the review; CLP's summons for an extension of time was dismissed.
4 Oct 2013
When the Tribunal makes a review decision that review decision becomes the operative decision superseding the original decision; the statutory time for applying for leave to appeal runs from the date of the operative decision (ie the review decision where applicable); an appeal against the review decision is not limited to grounds raised in the review and may include any errors of law against the review decision.
4 Oct 2013
A tribunal review decision supersedes the original decision so any application for leave to appeal is to be calculated from the date of the review decision; an appeal against the review decision is confined to errors of law but is not restricted to grounds raised in the review; consequently the summons for an extension to apply for leave to appeal the original decision from the review decision date was dismissed.
4 Oct 2013
Once the Lands Tribunal makes a review decision the original decision is superseded and a party seeking leave to appeal must apply in relation to the review decision with the statutory time running from the review decision; however an appeal against the review decision is not confined to grounds raised in the review and may include errors of law arising in the original decision; CLP's summons for extension of time was dismissed.
18 Apr 2005
The order of the District Court purporting to restrict the grounds which the appellant may argue on appeal was wrongly made; once the District Court grants leave to appeal the appellant is entitled to formulate and advance grounds before the Court of Appeal and any control over argument is for the appellate court, not for the District Court to impose by restricting the leave.