Brennan, F. v Enfield, J.D. & ors [1985] FCA 361

ZO bol

IN THE FEDERAL COURT OF _ AUSTRALIA

AUSTSALTAN CAPITAL TERETTORY . No, ACT'G 327 of 1984 t ! DISTPICT PEGTSTRE ! ) GENEPAL DIVISTON y

BETWEEN: FRANK BRENNAN Applicant AND: JOHN DAVID ENFIELD

First Respondent

PAMELA HARRIS. RAY GALLAGHER and ANGELA KENDAL

Second Respondents

PETER STEPHEN WILENSKI. JOHN VINCENT MONAGHAN and GRAHAM GORDON GLENW

Third Respondents

MINUTE OF ORDER

JUDGE MAKING ORDER : Neaves J.

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DATE_OF ORDER : 31 July 1985

WHERE MADE : Canberra

THE COURT ORDERS THAT:

1. The decision of the Promotions Appeal Committee

constituted by the second respondents made on 25 July 1984 under sub-section 50(8A) of the Public

Service Act 1922 disallowing the appeal by the

es)

applicant against the provisional promotion of

ra

Peter Noble Guild be set aside.

2. The decision of the Public Service Board constituted by the third respondents made on 3 July 1984 under sub-section 50(10) of the said Act confirming the provisional vromotion of

Peter Noble Guild be ser aside,

ia

The appeal by the applicant aqainst the provisional promotion of Peter Noble Guild be treated as an appeal on the around of equal efficiency and seniority and be heard by a Promotions Appeal Committee constituted by

persons other than the second respondents.

4. The application be otherwise dismissed.

5. The respondents pay one half of the applicant's costs of the application excluding any costs

relating to the hearing on 30 May 1985.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEUDEFAL COQUPT OF ANSTFALTA

AUSTRALIAN CAPITAL TEREITOERY

! ue. ? No. ACT G 327 oF 1991 DISTRICT REGISTRY 'f

GEWEPAL DIVISION

BETWEEN: FRANK BRENNAN Applicant AND: JOHN DAVID ENFIELD

First Respondent

PAMELA HARRIS. RAY GALLACHER and ANGELA KENDAL

Second Respondents

PETER STEPHEN WILENSKI, JOHN VINCENT MONAGHAN and GRAHAM GORDON GLENN