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Sarah Her-Lee v Table Tennis New Zealand (re-hearing application)

Overview:

Application for re-hearing – S earlier appealed to Tribunal against a decision of TTNZ not to nominate her for the women’s table tennis team in the 2014 Commonwealth Games – Tribunal dismissed her appeal on 2 July 2014 – on 17 July Ms Her-Lee filed an application for the Tribunal to re-hear her appeal under Rule 33 – alleged miscarriage of justice including prejudice caused by introduction of new evidence and allegation that some of new evidence incorrect – however S and TTNZ then agreed it was impractical to hear application before Games started and adjourned until afterwards – subsequently, TTNZ objected to application as it was now moot as Games had concluded – Tribunal agreed that the original appeal was against non-selection for the Games and a re-hearing would be about the same question which factually cannot now be dealt with – Tribunal has discretion under its Rules whether to order a re-hearing – Tribunal considered that issues raised by S’s application would be more appropriately dealt with within TTNZ’s internal administrative and hearing processes – Application declined.

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