Jenkins, Ron Anthony v Gleeson, Jennifer Ruth [1983] FCA 24

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CATCHWORDS

Federal Proceedings (Costs) Act 1981, s.6 - whether appeal succeeded "on a question of law" - decision involving

questions of fact and also a question of law.

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ROY ANTHONY JENKINS v. JENNIFER RUTH GLEESON

No. A.C.T. G.10 of 1981

Coram: Blackburn J.

1 March 1983 . ~

Canberra

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY

) ) ) } No. A.C.T. G.10 of 1981 ) )

GENERAL DIVISION

ON APPEAL FROM THE SUPREME COURT OF

THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: ROY ANTHONY JENKINS

Appellant

AND: JENNIFER RUTH GLEFSON

Respondent ORDER Judge Making Order: Blackburn J. Date of Order: 1 March 1983 Where Made: Canberra

THE COURT ORDERS that:

1. a costs certificate be issued under s.6(3) of the Act.

Paliy meee Ue

Case tdantikted petal oiyere t8hs

The unsuccessful respondent to this appeal applies for a costs certificate under s.6 of the Federal Proceedings (Costs) Act 1981. I have jurisdiction to hear and determine the application by virtue of s.12 of the Act. My decision must turn on whether it was "on a question of law" that the appeal succeeded.

The appellant and the respondent are both officers of the Public Service, the appellant being the respondent's superior. The appellant, acting under an order made by a Deputy Public Service Arbitrator under the Public Service Arbitration Act 1920, made a decision to stand down the respondent from the Public Service. Kelly J. in the Supreme Court of the Australian Capital Territory made an order of certiorari to quash the

decision. He found as a fact that the respondent was stood

-down for a period of 9 working days. He held that, at least,

the respondent "was entitled to be heard on the length of period of stand down that might be ordered against her". He found it unnecessary to decide whether she was entitled to be heard on the right of the appellant to stand her down in the circumstances. The learned judge's reasons for judgment then continued thus: