Matthews, T.R. v Oaten, R.D. & Ors [1986] FCA 373

CATCHWORDS

Administrative Law - judicial review - decision of Promotions

Appeal Board of Telecom - decision wrong in law and in breach of rules of natural justice because Board did mot conduct full enquiry and did not contact applicant's referees - decision made

in haste because of pressure of administrative arrangements and

convenience - that pressure should not influence decisions.

Telecommunications Act

Administrative Decisions (Judicial Review) Act 1977

Cases

Excell v. Harris (1983) 51 A.L.R. 137

TIMOTHY ROBERT MATTHEWS v. ROBERT DAVID OATEN, ROBIN MICHAEL RUSSELL, GERALDINE RUTH AVENT & AUSTRALIAN TELECOMMUNICATIONS COMMISSION

No. G63 of 1985

FORSTER, J. ADELAIDE 29 AUGUST 1986

RECEIVED = 3SEP B86

IN THE FEDERAL COURT OF AUSTRALIA

) ) SOUTH AUSTRALIA DISTRICT REGISTRY } No. G63 of 1985 ) GENERAL DIVISION )

BETWEEN:

TIMOTHY ROBERT MATTHEWS

Applicant - and -

ROBERT DAVID OATEN, ROBIN MICHAEL RUSSELL, GERALDINE RUTH AVENT as persons constituting a Promotions Appeals Board of the Australian Telecommunications Commission and AUSTRALIAN TELECOMMUNICATIONS COMMISSTON

Respondents MINUTE OF ORDER JUDGE MAKING ORDER 3 FORSTER J. WHERE MADE : ADELAIDE DATE OF ORDER 5 29 AUGUST 1986 THE COURT ORDERS THAT: 1. The decision of the Board be quashed. 2. The matter of the appeal be remitted to the Promotions

Appeals Board differently constituted for resolution.

Note: Settlement and entry of orders is dealt with in Order 36

of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) )

SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G63 of 1985 )

GENERAL DIVISION )

BETWEEN: TIMOTHY ROBERT MATTHEWS

Applicant - and -

ROBERT DAVID OATEN, ROBIN MICHAEL RUSSELL, GERALDINE RUTH AVENT as persons constituting a Promotions Appeals Board of the Australian Telecommunications Commission and AUSTRALIAN TELECOMMUNICATIONS COMMISSION