惇蹋厙DT/2010/023

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

In cases deemed suitable to be decided by summary judgment, usually an oral hearing is not necessary. In non-disciplinary cases, it is a matter of judicial discretion to hold an oral hearing or to abstain from it. The mandate of 惇蹋厙DT is confined to the review of administrative decisions. Although the definition of this term may be disputed, it is beyond question that administrative decisions must by essence be taken by the Administration. Since the decisions of former 惇蹋厙AT are judicial decisions, they cannot be contested before 惇蹋厙DT. The provisions on transitional measures apply to pending 惇蹋厙AT cases only. Cases closed by judgments of former 惇蹋厙AT are res iudicata.

Decision Contested or Judgment/Order Appealed

The Applicant filed an application with former 惇蹋厙AT in 2006. On 31 July 2009, former 惇蹋厙AT issued a judgement rejecting his application in its entirety. On 6 November 2009, his counsel discovered a memorandum in the Applicant＊s OSF which he considered illegal. On 30 November 2009, the Applicant filed an application with 惇蹋厙DT, alleging that the judgement of former 惇蹋厙AT would have been different if the existence of the memorandum had been known. He also requested an oral hearing.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Lesar

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement