Federal Court of Australia
a
CATCHWORDS Administrative Law - Commonwealth Public Service - Disciplinary Proceedings - Application for extension of period in which to appeal - Whether such application can be considered when lodged
after expiry of appeal period - Discussion of discretion to grant
application.
Administrative Decisions (Judicial Review) Act 1977 s.5 Public Service Act 1922, Pt. III Subdivision 6C
Public Service Requlations, regs. 140,141.
Peter James Caldwell v William John Smith
ACT G81 of 1983
CORAM: Bowen C.J., Northrop and McGregor J.J.
2 December 1983
Sydney
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY
)
)
}
) No. ACT G81 of 1983 DISTRICT REGISTRY ) } )
GENERAL DIVISION
On appeal from the Federal Court of Australia
BETWEEN: PETER JAMES CALDWELL
Appellant (Applicant)
AND:
WILLIAM JOHN SMITH
Respondent ° (Respondent)
ORDER
JUDGES MAKING ORDER: Bowen C.J., Northrop and McGregor J.J. WHERE MADE: Sydney DATE: 2 December 1983
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The orders of the Court made on 31 August 1983 be set aside and in lieu thereof it be ordered that the application by Peter James Caldweli to the Director, Grievance and Appeals Bureau of the Public Service Board
be remitted to the said Director to be deait with
according to law.
3. The said Director pay to Peter James Caldwell his
costs of this appeal and of the proceedings before the
Federal Court constituted by a single Judge.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G81 of 1983 DISTRICT REGISTRY
GENERAL DIVISION
On appeal from the Federal Court of Australia
BETWEEN : PETER JAMES CALDWELL
Appellant (Applicant)
AND:
WILLIAM JOHN SMITH
Respondent (Respondent)
CORAM: Bowen C.J., Northrop and McGregor JJ.
DATE: 2 December 1983
REASONS FOR JUDGMENT
This is an appeal by PETER JAMES CALDWELL against a decision of 31 August 1983 by a Judge of this Court upon an application under s.5 of the Administrative Decisions (Judicial
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