16 Dec 2011
THE ATTORNEY-GENERAL ON BEHALF OF THE MINISTRY OF HEALTH v IDEA SERVICES LIMITED HC WN CIV 2011-485-1562
- Citation
- openlaw-d6dc1a9f_8a09_45be_9bcd_a560ff564fed.pdf
- Court
- High Court
The 11 April 2011 Tribunal decision was not a final determination because it made findings of breach but no order, declaration or other remedy; the 30 day appeal period under s123(4) did not commence on 11 April 2011. The Tribunal's declaratory/remedy decision (13 July 2011) was an appealable result and an appeal from it may challenge the reasons and findings recorded in the earlier decision. The Court has jurisdiction under r10.15 to determine the preliminary question and properly exercised it to answer the question in the negative.