| Summary |
PRACTICE AND PROCEDURE – Application to re-open investigation – Member Cheyne had issued substantive determination in October 2004, which found applicant had a personal grievance and awarded him $12,000 compensation – Respondent sought to open investigation on three bases, alleging decision against the weight of evidence, that there was bias by Member Cheyne, and that the decision was not informed by newly available evidence – Allegation that Member Cheyne knew, or ought to have known of dispute between his brother and respondent – Satisfied Member Cheyne had no knowledge of dispute until well after determination written and issued (became aware when received application to re-open) – Other grounds also not made out – Matters referred to as “new” matters were before Authority at investigation meeting – Application dismissed – Respondent had seven days to fulfil obligations in terms of original decision and meet agreed costs – In event monies not paid Authority would direct that applicant’s application for compliance order be set down for hearing – If monies paid within timeframe, compliance order application withdrawn and file closed – Costs to lie where they fall |