Did the appellant give its notice of appeal timeously?
[34] As I have already indicated, the decision against which the appellant appeals was taken on 11 December 2006 but only communicated to it on 13 December 2006. The appellant delivered a notice of appeal on 12 January 2007. [35] The respondents contend that the date from which the one month period referred to in s 20(2) begins to run is the date on which the decision was “taken”. [36] I disagree. [37] In Lek v Estate Agents Board 6 this Court held that, under the common law, a decision taken by a corporate or juristic person such as the Estate Agents Board has no legal efficacy until such time as it has been communicated to the person affected thereby and that, until such communication takes place, there is no decision which could form the subject matter of an appeal or a review. [38] According to the Concise Oxford English Dictionary, Tenth Edition, one of the meanings of the word “given” is “to communicate or impart a message”. The word “given”, as used in s 20 of the Act, must mean
Related Questions
- If appellant reinstates the appeal after the prosecution is reopened by filing a second notice of appeal on or after the effective date, when is the second appeal brief due?
- What happens after the appellant submits the Notice of Appeal Form and a copy of the Board of Education’s decision to the Student Appeals Branch?
- Can the Commission assist me in filling out the Form 8-B, Notice of Appeal to the Missouri Court of Appeals?
