Interlocutory or interim appeal / Appeal of UNDT order to UNAT
Manifest excess of jurisdiction
Receivability
UNAT considered an appeal by Mr Nadeau of Order No. 184 and his request that both Order Nos. 184 and 169 be rescinded. UNAT held that he did not demonstrate that UNDT had clearly exceeded its jurisdiction or competence in rejecting his request for new documents to be introduced into evidence. UNAT noted that the issue could be raised on appeal against the final judgment on the merits. UNAT is competent to review whether certain facts remained unresolved at the UNDT level and to consider the need for factual determinations based on the whole of the relevant evidence. UNAT dismissed the appeal.