M.B. Stammers v. Broadbridge, W.H. & Anor [1987] FCA 144

CATCHWORDS

ADMINISTRATIVE LAW - Provision of postal services - Decision to close post office - Allegation that decision-maker took account of irrelevant circumstances: political complexion of the area and the effect of closure on staff - Allegation of failure to take account of relevant circumstances:

alternative provision of agency services currently offered by post office and possibility of establishing post office agency - Authority of decision-maker to make decision having regard to limitations in his delegated authority -— Consistency between decision and policy guidelines of Australian Postal

Commission.

PRACTICE AND PROCEDURE - Standing of applicant to bring proceedings - Applicant postmaster who would be transferred

and removed from accommodation if closure proceeded.

Postal Services Act 1975 ss.5, 6, 7, 9, 12, 36, 49, 76. Administrative Decisions (Judicial Review) Act s.5.

NSW G.626 of 1987 MALCOLM BARRY STAMMERS v_W_H BROADBRIDGE & ANOR ,

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Wilcox J : ~ 2 APR 1937

Sydney IFEDE| 1 April 1987 \ AUSTRALAT OF

PAIrICi Pay REGISTRY

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{ ben -

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NSW G.626 of 1987 ) )

GENERAL DIVISION

BETWEEN: MALCOLM BARRY STAMMERS

Applicant

AND: W_H BROADBRIDGE

First Respondent

AUSTRALIAN POSTAL COMMISSION

Second Respondent

CORAM: WILCOX J PLACE: SYDNEY DATE: 1 APRIL 1987

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The respondents' objection to competency be

dismissed.

2. The decision made by the First respondent on or about 21 November 1986 to close Watsons Bay post office

with effect from 30 January 1987 be quashed.

3. The respondents and each of them refrain from taking any action in relation to the implementation of the

said decision.

4, The respondents pay the costs of the applicants of

the proceeding.

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