Who may apply for retrial against a final judgment cancelling an administrative disposition, and what must that person show about their absence from the case?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the judgment cancelling the disposition, the record of the administrative case showing whether the third party was a party to it, and the application for retrial setting out which attack or defence methods that party says it was prevented from submitting.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading sets out every condition together: a third party whose rights or interests are infringed by a judgment that cancels a disposition may apply for retrial against the final judgment only where that party had no responsibility for not joining the lawsuit and, because of that, could not submit attack or defence methods that could have affected the result.
Another reading stresses that the provision leaves open both what counts as a reason for non-participation being free of the party's responsibility and which methods could have affected the result, so the file has to show what happened rather than the application alone deciding the point.
Your judgment
When a third party stayed out of the case on a ground shared with its own inaction, how could the file show that ground was not its responsibility?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the conditions a third party must satisfy, or if a court decision defines when a non-participation ground carries no responsibility of the applicant.