25 Jul 2019
Because the appeals lacked any arguable error of fact or law, the applicants failed to show grounds under r14.7(g) to refuse or reduce costs, and impecuniosity of one applicant did not alone excuse fixing costs, the respondent was entitled to a joint and several award of costs for both appeals.
9 Dec 2016
An appellant under s 370 of the Companies Act has no general entitlement to discovery; discovery on appeal is exceptional and will only be ordered where the statutory context or special circumstances justify it; no special circumstances justified discovery in this case and the interlocutory application was therefore declined.
5 Dec 2012
Customs made a material legal/mixed fact error by assuming duty drawback covered international non-removed sales; that error materially affected the decision to revoke OTC sales; statutory appeal was not an adequate remedy because the error became known only after appeal time lapsed; the Chief Executive's unilateral post-litigation reconsideration was inadequate to displace relief; accordingly the original decision is quashed and Customs must reconsider afresh with a fair opportunity for the applicant to be heard.
15 Mar 2011
Delivery of the notice of appeal to the respondent's nominated address for service (the PO Box) on 20 December 2010 constituted effective service within the statutory period under s 123(4); proof of delivery to the designated address overrides the respondent's later opening of the mail and therefore the appeal was brought within time.