Federal Court of Australia
CATCHWORDS
Administrative law - Public Service - disciplinary proceedings - extension of period within which to appeal - application made after appeal period expired - interpretation of regulation
141 of the Public Service Regulations.
Public Service Act 1922, Div. 6 of Part III
Dumne v. The Nominal Defendant (1954) 71 W.N. (N.S.W.) 87
New v. The Nominal Defendant (1965) 83 W.N. Pt. 1) (N.S.W.) 74
Samiels v. Linzi Dresses Ltd. [1981] 1 Q.B. 115
Esso Research and Engineering Company v. Commissioner of Patents (1959) 102 C.L.R. 347
ACT G20 of 1983 PETER JAMES CALDWELL v. WILLIAM JOHN SMITH
CORAM: Neaves J.
DATE: 31 August 1983 PLACE: Canberra
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. G20 of 1983 DISTRICT REGISTRY
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GENERAL DIVISION
BETWEEN: PETER JAMES CALDWELL Applicant AND: WILLIAM JOHN SMITH Respondent ORDER JUDGE MAKING ORDER: Neaves J. DATE OF ORDER: 31 August 1983 WHERE MADE. Canberra
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the costs of the respondent
of and incidental to the application.
IN THE FEDERAL COURT _OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
)
)
)
) No. G20 of 1983 DISTRICT REGISTRY ) ) )
GENERAL DIVISION
BETWEEN: PETER JAMES CALDWELL Applicant AND: WILLIAM JOHN SMITH Respondent CORAM: Neaves J. DATE: 31 August 1983
REASONS FOR JUDGMENT
This is an application under section 5 of the
Administrative Decisions (Judicial Review) Act 1977 to
review the decision of the respondent in refusing an application by the applicant for an extension pursuant ~
to sub-regulation 141(2) of the Public Service Regulations
of the time within which to appeal against a decision
under section 62 of the Public Service Act 1922 finding
the applicant guilty of a disciplinary offence.
The facts may be shortly stated. On 23 February 1983 the applicant, an officer of the Australian Public
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