Bound, Ivor v Fletcher, Leonard George & Ors [1984] FCA 70

Administrative Lat judicial review - Promotions Appeal Board of Australian Postal Commission - membership of Board - whether breach of rules of natural justice - bias - whether "intuitive assessment" improper exercise of power - whether evidence to justify decision -

error of law

Administrative Decisions (Judicial Review) Act 1977 s.5 Postal Services Act 1975 ss. 47, 50, 54, 56

IVOR BOUND v. LEONARD GEORGE FLETCHER, ADRIANUS KOELEWYN and ALAN ROSS

McASKILL, THE PROMOTIONS APPEAL BOARD, THE AUSTRALIAN POSTAL COMMISSION, ROBERT JOHN PORTEOUS

No. WA G8 of 1983

TOOHEY J. PERTH

30 MARCH 1984

IN THE FEDERAL COURT

OF AUSTRALIA WESTERN AUSTRALIA

DISTRICT REGISTRY GENERAL DIVISION

JUDGE MAKING ORDER

DATE OF' ORDER WHERE MADE

THE COURT ORDERS THAT:

No. WA G8 of 1983

eer er

BETWEEN:

IVOR BOUND Applicant and LEONARD GEORGE FLETCHER, ADRIANUS

KOELEWYN and ALAN ROSS McASKILL, THE, PROMOTIONS APPEAL BOARD

First Respondents

THE AUSTRALIAN POSTAL COMMISSION

Second Respondent

ROBERT JOHN PORTEOUS

Third Respondent

OQ R D E R

Toohey J. 30 March 1984

Perth

1. The application be dismissed.

2. The applicant pay the third respondent's costs

of the application.

3.

There be no order as to costs of the first and

second respondents.

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

No. WA G8 of 1983

BETWEEN:

IVOR BOUND Applicant and LEONARD GEORGE FLETCHER, ADRIANUS

KOELEWYN and ALAN ROSS McASKILL, THE PROMOTIONS APPEAL BOARD

First Respondents THE AUSTRALIAN POSTAL COMMISSION

Second Respondent

ROBERT JOHN PORTEOUS Third Respondent

CORAM: TOOHEY J. 30 March 1984

REASONS FOR JUDGMENT

This is an application under the provisions of the Administrative Decisions (Judicial Review) Act 1977 ("the Judicial Review Act") to review a decision of the first three named respondents who, for relevant purposes, constituted a Promotions Appeal Board pursuant to s.56 of the Postal Services Act 1975