Sita Qld Pty Ltd v State of Queensland [2000] FCA 1077

FEDERAL COURT OF AUSTRALIA

Sita Qld Pty Ltd v State of Queensland [2000] FCA 1077 PUBLIC SERVICE – employees and servants of the Crown – no liability for breach of warranty of authority – whether a Minister of the Crown is a servant of the Crown for the purposes of the rule Australian William E Simon Graduate School of Business Administration Incorporated v Minister Administering the National Parks and Wildlife Act (1974) (NSW) 51 FCR 243 Dunn v MacDonald [1897] 1 QB 555 Minister for Youth and Community Services v Health and Research Employees Association of Australia New South Wales Branch (1987) 10 NSWLR 543 SITA QLD PTY LTD AND HARLINGDALE PTY LTD v STATE OF QUEENSLAND, THE MINISTER FOR TRANSPORT AND MAIN ROADS FOR THE STATE OF QUEENSLAND, THE CHIEF EXECUTIVE OF THE DEPARTMENT OF TRANSPORT (QUEENSLAND), SURFSIDE BUSLINES PTY LTD AND RAYMOND GRAHAM CLARK AND YVONNE HAZEL CLARK TRADING AS CLARK'S LOGAN CITY BUS SERVICE QG 98 OF 1998 DOWSETT J 14 JUNE 2000 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 95 OF 1998

BETWEEN: SITA QLD PTY LTD

FIRST APPLICANT

HARLINGDALE PTY LTD

SECOND APPLICANT

AND: STATE OF QUEENSLAND

FIRST RESPONDENT

THE MINISTER FOR TRANSPORT AND MAIN ROADS FOR THE STATE OF QUEENSLAND

THIRD RESPONDENT

THE CHIEF EXECUTIVE OF THE DEPARTMENT OF TRANSPORT (QUEENSLAND)

FOURTH RESPONDENT

SURFSIDE BUSLINES PTY LTD

FIFTH RESPONDENT

RAYMOND GRAHAM CLARK AND YVONNE HAZEL CLARK TRADING AS CLARK'S LOGAN CITY BUS SERVICE

SIXTH RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 14 JUNE 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application to join Mr Johnson as a respondent to the proceedings be refused. 2. The applicants pay Mr Johnson's costs of the proceedings. 3. Mr Johnson be at liberty to tax those costs forthwith. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.