The approval holder brought a motion arguing that the Tribunal lost jurisdiction to determine the remedy for a revoked renewable energy approval because the statutory six-month time limit had expired, resulting in a deemed confirmation of the Director's decision.
In the alternative, the approval holder sought the recusal of the Tribunal panel due to a reasonable apprehension of bias.
The Tribunal dismissed the motion, finding that it had disposed of the hearing within the statutory time limit when it issued its original decision, and that the deeming provision did not apply to a remedy hearing remitted by the Court of Appeal.
The Tribunal also found no evidence to support the allegations of bias.