Forestry Act Clause Samples

Forestry Act. As to the claim of the appellant and whether it has an arguable case, without in any way considering the merits of the appeal, I am satisfied from a consideration of documents before this court, the National Court decision being appealed and the grounds of appeal, that the appellant has an arguable case on numerous grounds. These are: the judicial review proceeding not being dismissed on competency grounds; Order 16 National Court Rules not providing for summary disposal of proceedings as provided for under Order 12 Rule 40 National Court Rules; an incorrect application of the principles of issue estoppel and res judicata and in essence, the reviewing by a National Court of the grant of leave to apply for judicial review by a previous National Court.