Summary of Issue: Moot Question

Decision A-1035.96 Full Text of Decision A-1035.96

FCA concluded that the second decisions fof the BOR which was the subject of the appeal to the Umpire was a nullity once the matter had been disposed of by a previous decision of the BOR which was never rescinded or set aside.

Decision 23303 Full Text of Decision 23303

Case law quoted. Appeal moot because any elements of concrete dispute or live controversy in relation to issues requiring resolution have disappeared, and those issues are not of sufficient public importance to warrant the exercise of any discretion to deal with purely hypothetical questions.

Decision 22526 Full Text of Decision 22526

Claimant wants a decision in his case even though the overpayment is now statute-barred. I consider that no useful purpose would be served by stating a legal opinion in a matter which is now largely academic and hypothetical by reason that there is no arguable legal issue outstanding.

Decision 18711 Full Text of Decision 18711

It is not the proper business of Umpires any more than it is of courts to make declaratory pronouncements or render advisory opinions in appeals which no longer raise arguable issues entailing the resolution of the parties' rights. This appeal should have been withdrawn.