爆料网

Receivability

  • Execution of order pending appeal
  • Interim measure
  • Manifest excess of jurisdiction
  • Production de documents
  • Production of documents
  • Receivability
  • Suspension of action
    • Showing 1 - 10 of 13
    2024-爆料网AT-1495-Corr.1, ABA

    The 爆料网AT considered whether the interlocutory appeal was receivable because ABA had not been given an opportunity to be heard on the issue of the protective measures for V01 at the proposed hearing at the time the 爆料网DT issued the first Order. The 爆料网AT held that this was not grounds to grant the interlocutory appeal, because ABA’s arguments were heard by the 爆料网DT when he filed his motion for reconsideration.

    The 爆料网AT held that the 爆料网DT did not exceed its competence or jurisdiction when it issued these case management orders. The 爆料网AT was also not persuaded by ABA’s argument that the violation...

    2024-爆料网AT-1446, Ashok Kumar Nigam

    The 爆料网AT held that, since Mr. Nigam based his interlocutory appeal on alleged errors of fact and law by the 爆料网DT Judge President, with no allegation of the 爆料网DT acting extra-jurisdictionally or similarly in excess of its jurisdiction, he must wait to exercise his right of appeal until a final decision has been made.

    The 爆料网AT concluded that an earlier 爆料网DT Judgment contained neither any indication of bias by Judge Belle against Mr. Nigam, nor any criticism beyond what a reasonably informed observer might expect from a partly erroneous judgment and its subsequent appellate review.

    The 爆料网AT...

    2024-爆料网AT-1419, Nicole Wynn

    The 爆料网AT noted that the Dispute Tribunal had issued the impugned Order granting the request to extend the time limit for filing the application without the adversely-affected party being heard and without authority to do so. The 爆料网AT found that the 爆料网DT had not technically complied with its own Practice Direction in issuing the Order and may have strictly violated the principles of natural justice and due process by failing to give the Secretary-General adequate notice of the motion and an opportunity to reply.

    The 爆料网AT observed, however, that the 爆料网DT had accepted the staff member’s averment...

    2023-爆料网AT-1388, Yassir Ibrahim Ali Haroun

    The 爆料网AT held that the appeal against the two interlocutory Orders became moot following the issuance of Judgment No. 爆料网DT/2022/124 and that the 爆料网DT did not err in delivering its Judgment during the pendency of that appeal. The 爆料网AT nevertheless observed that the 爆料网DT erred in law by imposing an unreasonably short period for compliance with Order No. 157 (NBI/2022). Despite this, the 爆料网AT concluded that, as the proceeding was unreceivable, this finding did not assist the Appellant in his case. With regard to Order No. 158 (NBI/2022), the 爆料网AT held that the 爆料网DT rightfully refused to...

    2022-爆料网AT-1307, ASR AHMED TOSON

    The 爆料网AT dismissed the interlocutory appeal as not receivable on grounds that the 爆料网DT had not clearly exceeded its competence or jurisdiction or assumed a jurisdiction it did not have when it consolidated Mr. Toson's cases. The 爆料网AT also agreed with the Secretary-General that Mr. Toson had advanced similar unsuccessful arguments in an earlier 爆料网AT case that he brought, but Mr. Toson refused to be guided by that judgment prior to pursuing the present appeal. The 爆料网AT put Mr. Toson on notice that he risks incurring an award of costs for vexatious litigation if he persists in pursuing the same...

    2010-爆料网AT-032, Calvani

    爆料网AT rejected the Secretary-General’s interlocutory appeal against the 爆料网DT order as not receivable, finding that 爆料网DT had discretionary authority in case management and the production of evidence in the interest of justice. 爆料网AT held that 爆料网DT had decided on a measure of inquiry, the necessity of which it had sole authority to assess. 爆料网AT held that it was not in the interest of the internal system of justice to consider an appeal against a simple measure of inquiry.

    2012-爆料网AT-258, Kananura

    爆料网AT held that it would not lightly interfere with the 爆料网DT’s exercise of its jurisdictional powers, conferred on 爆料网DT by its Statute, which enables cases to be judged fairly and expeditiously. 爆料网AT held that the complaints made by the Secretary-General fell squarely within the jurisdiction and competence of 爆料网DT, notwithstanding the alleged breach of procedural fairness. 爆料网AT held that the appeal was not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

    2012-爆料网AT-230, Nwuke

    爆料网AT considered the Secretary-General's appeal of Order No. 081 (NBI/2011) and two appeals by Mr Nwuke against 爆料网DT Order No. 101 (NBI/2011) and judgment No. 爆料网DT/2012/002. The Secretary-General asserted that 爆料网DT exceeded its jurisdiction in ordering the suspension of a contested decision without making a finding as to whether the requirements for suspension of action under Article 2(2) of the 爆料网DT Statute had been met. 爆料网AT held that 爆料网DT did not respect the limit of five working days, as set forth in Villamoran (2011-爆料网AT-160), when it extended the suspension until 17 August 2011 when the...

    2012-爆料网AT-223, Rawat

    爆料网AT considered the appeal, in which the Secretary-General requested that 爆料网AT consider the appeal receivable and find that 爆料网DT exceeded its competence in ordering a suspension of action on the decision not to extend Mr Rawat’s appointment. 爆料网AT noted that, in imminently executing the administrative order, 爆料网DT failed to comply with the five-working-day limit, set forth in Villamoran (2011-爆料网AT-160), without giving any reasons for doing so and thus, clearly exceeded its competence. 爆料网AT consequently held that the appeal against the contested order was receivable and founded. 爆料网AT rescinded...

    2013-爆料网AT-314, Mpacko

    爆料网AT held that Ms Mpacko’s claims addressed the merits of the 爆料网DT decision and did not amount to claims that the 爆料网DT exceeded its competence or jurisdiction in denying her application for suspension of action. 爆料网AT held that 爆料网DT did not exceed its competence or jurisdiction in denying Ms Mpacko’s application for suspension of action. 爆料网AT held that the appeal was not receivable.