Bewly, Kevin Thomas v Cruikshanks, R. W. & Ors and in the matter of an application made pursuant to Section 5(1) of the Administrative Decisions (Judicial review) Act 1977 [1984] FCA 97

CATCHWORODS

Administrative Law - Judicial Review - Review of decision of Promotions Appeal Board - Improper exercise of power - Grounds of Appeal under Regulations - Limitations on jurisdiction of Board -

Efficiency and duties of subject position.

Administrative Decisions (Judicial Review) Act 1977 5.5 Australian National Railways Act 1977 s.53A

Australian National Ra1tlwavs Board of Appeal By-law - clauses 13 and 19.

KEVIN THOMAS BEWLEY

Vv

R.W. CRUICKSHANKS, C.d. McAULIFFE and L.McINNIS as persons constituting The Australian National Railways Commission's Promotions Appeal Board

- and -

AUSTRALIAN NATIQNAL RAILWAYS COMMISSION

AND IN THE MATTER of an Application made pursuant to Section 5(1) of the Administrative Decisions (Judicial Review) Act 1977.

Fisher J. Adelaide 18th April 1984.

IN THE FEDERAL COURT OF AUSTRALIA) ) No.G28 of 1983

SOUTH AUSTRALIA DISTRICT REGISTRY) )

GENERAL DIVISION )

BETWEEN:

KEVIN THOMAS BEWLEY

Applicant - and -

R.W. CRUICKSHANKS, C.J. McAULIFFE and L.McINNIS as persons constituting The Australian National Railways Commission's

Promotions Appeal Board

- and -

AUSTRALIAN NATIONAL RAILWAYS COMMISSION

Respondents

AND IN THE MATTER of an Application made pursuant to Section 5(1) of the Administrative Decisions (Judicial Review) Act 1977

ORDER JUDGE MAKING ORDER 2 Fisher J. DATE OF ORDER ; 18th April 1984. WHERE MADE : Adelaide THE COURT ORDERS THAT i. The decision of the Australian National Railways

Commission's Promotions Appeal Board be quashed.

Z. The matter to which the decision relates be remitted for

x further consideration by a newly constituted Promotions Appeal Board. 3. The respondents pay the costs of the application. te ' ' . . tet teh , Bo ' fT ue ' . , '

Ci!

IN THE FEDERAL COURT OF AUSTRALIA) ) No. G28 of 1983

SOUTH AUSTRALIA DISTRICT REGISTRY) )

GENERAL DIVISION )