10 Sept 2012
s111 cannot be used to waive the statutory requirement to apply for renewal before the licence expiry; once the off-licence expired it could not be renewed and the Agency had no jurisdiction to accept or process a renewal filed after expiry, so the application for relief fails.
10 Sept 2010
The recall application was dismissed: Mallon J concluded Howard did not directly overrule or render his earlier jurisdictional judgment void, Howard left open material questions about waiver and the court's discretionary response to jurisdictional points, the Tribunal had notice and did not intervene and by its conduct waived or did not assert a jurisdictional objection, and it would be inappropriate to recall a judgment relied upon by a party where the contrary view relied on in Howard was obiter and left open issues.
7 Apr 2009
Section 123(4) HRA's 30-day 'giving notice' requirement is mandatory and requires notice to the High Court, the Human Rights Review Tribunal and the affected parties; neither respondent nor Tribunal effectively waived that jurisdictional requirement; the High Court lacked power under r5 to cure the statutory non-compliance, so the appeal was not properly brought and is dismissed.