Judgment No. 555
Decision
THE COMPLAINT IS DISMISSED.
Considerations
Extract:
"Only a few pleas may be allowed in support of an application for review. They include an omission to take account of particular facts; a material error involving no exercise of judgment and thereby distinguishable from misappraisal of fact, which does not warrant review; an omission to pass judgment on a claim; and the discovery of a so-called 'new' fact, i.e. one which the applicant discovered too late to cite in the original proceedings."
Reference(s)
Jugement(s) TAOIT: 534
Keywords
application for review; admissible grounds for review
Considerations
Extract:
"The mistake of law, to his mind, turns on failure to comply with an ILO circular [...] The plea is not admissible. To allow an application for review on the grounds of the Tribunal's legal reasoning would be to permit anyone who was dissatisfied with a decision to question it indefinitely in disregard of the principle of res judicata. Even supposing that the Tribunal did not give due weight to the complainant's argument, the plea must fail."
Reference(s)
Jugement(s) TAOIT: 534
Keywords
application for review; mistake of law
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