Hellier & Josey & Anor (SSAT Appeal)

This matter concerned an appeal to the court by the appellant, Hellier, against a decision of the Social Security Appeals Tribunal (SSAT). The first respondent also sought leave to appeal from a separate SSAT decision, filed out of time.

The primary legal issues before the court were whether the SSAT had denied the appellant procedural fairness or natural justice, and whether the SSAT was obliged to conduct its own investigation into the parties' financial circumstances or to draw an adverse inference from a failure to file documentation. In relation to the first respondent's application, the court was required to consider the factors relevant to granting an extension of time for filing an appeal from the SSAT.

The court dismissed the appellant's appeal, finding no denial of procedural fairness. It held that the SSAT is not obliged to conduct an independent investigation into parties' financial circumstances, nor is it required to draw an adverse inference from a failure to file documentation. The court also dismissed the first respondent's application for leave to appeal out of time, refusing to grant an extension.