Perri, Michael v Rossall, Terrance Richard & Ors [1983] FCA 11

IN THE FEDERAL COURT OF AUSTRALIA)

AUSTRALIAN CAPITAL TERRITORY No. A.C.T. G4 of 1982

DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN: MICHAEL PERRI Applicant AND: TERENCE RICHARD ROSSALL

MICHAEL HILL and NICHOLAAS HENRY VAN WEELDEN

First Respondents

AND: ROBERT WILLIAM COLE, ROBERT JOHN YOUNG and JOHN VINCENT MONAGHAN

Second Respondents

CORRIGENDA

Amendment to the judgment of his Honour Mr Justice

Ellicott of 4 February 1983 -

Page twenty-one (21), line twenty three (23)

"appellants" should read "respondents"

ll February 1983 BRONWYN ALLEN ASSOCIATE TO ELLICOTT J.

CATCHWORDS _

Administrative law - Judicial review of administrative decisions - Public Service Promotions Appeal ~ Office

in Australian National Parks and Wildlife Service - Whether appellant should have been provided with

substance of case for provisional promotee - Nature of office - Whether committee entitled to consider views

of permanent head as to nature of office - Whether bound by duty statement - Whether appellant should have been given further opportunity to be heard in light of decision to regard office as essentially administrative in character - Recommendation by committee of Public Service Board in course of appeal that provisional promotion be cancelled and position be readvertised - Rejection of recommendation

by Board - Whether appellant entitled to be heard by Board -

Whether person aggrieved. .

Public Service Act 1922, 5.50

National Parks and Wildlife Conservation Act 1975, ss. 33, 34

Administrative Decisions (Judicial Review) Act ss. 3(4), 5.

CORAM: ELLICOTT J.

4 February 1983 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION

BETWEEN :

AND:

ORDER

JUDGE MAKING ORDER: DATE OF ORDER:

No. A.C.T. G4 of 1982

ee ewe

MICHAEL PERRI

Applicant TERENCE RICHARD ROSSALL

' MICHAEL HILL and NICHOLAAS