爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. 爆料网AT considered that 爆料网DT failed to show proper consideration for judicial economy and efficiency by choosing to proceed with a hearing on the merits of Mr Cooke’s application in full knowledge of an appeal by the Secretary-General and ignoring the possibility that its judgment on Receivability might be reversed, as it was. 爆料网AT held that when it determines that 爆料网DT improperly received an application and reverses or vacates a judgment on receivability, any judgment on the merits is null and void ab initio. 爆料网AT clarified that this did not mean, however, that the judgment on the merits was automatically vacated; only 爆料网AT can vacate a judgment, upon application by a party. 爆料网AT granted the Secretary-General’s appeal and vacated the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested his summary dismissal. 爆料网DT found for the Applicant.
Legal Principle(s)
When 爆料网DT improperly receives an application and reverses or vacates a judgment on receivability, any judgment on the merits is null and void ab initio.