Armstrong v Plumbing Industry Council (No 3)

Armstrong was fined by the Plumbing Industry Council for breaches of plumbing regulations and was ordered to rectify defective work. Armstrong applied to review the fine, which was reduced and Armstrong was given time to pay. A tribunal subsequently ordered Armstrong's licence to be suspended if the fine was not paid. Armstrong failed to pay the fine and applied to reopen or renew the tribunal's decision, which was refused. Armstrong then appealed the refusal to reopen or renew, seeking leave to appeal.

The legal issue before the court was whether Armstrong had demonstrated sufficient grounds for leave to appeal. Armstrong argued that he was unable to pay the fine due to financial difficulties, and thus it was not possible for the tribunal's decision to be complied with. Armstrong contended that the tribunal had not adequately considered his financial situation when it refused to reopen or renew the decision.

The court found that Armstrong had not demonstrated sufficient grounds for leave to appeal. The court held that the tribunal had considered Armstrong's financial situation, but had determined that it did not excuse non-payment of the fine. The court found that Armstrong's financial difficulties did not constitute a sufficient ground for leave to appeal, as they did not render it impossible for the tribunal's decision to be complied with.

Accordingly, the court refused leave to appeal.