Sanders v Snell [1998] HCA 64

High Court of Australia Gleeson CJ Gaudron, Kirby, Hayne and Callinan JJ Sanders v Snell [1998] HCA 64

ORDER

1. Appeal allowed with costs.

2. Application for special leave to cross-appeal refused with costs.

3. Set aside the orders of the Full Court of the Federal Court made 9 April 1997 and in lieu thereof order that:

(i) The appeal be allowed in part.

(ii) The cross-appeal be allowed in part.

(iii) Paragraph 1 of the judgment entered on 19 April 1996 be set aside.

(iv) There be a new trial limited to the plaintiff's claim alleging misfeasance in public office.

(v) The costs of the first trial, as between plaintiff and defendant, be in the discretion of the judge who will hear the new trial.

(vi) Each party bear his own costs of the appeal and cross-appeal.

Cur adv vult

The following written judgments were delivered:—

8 October 1998 Gleeson CJ,Gaudron, Kirby and Hayne JJ.

1. In July 1990, the respondent was appointed for a term of two years as Executive Officer of the Norfolk Island Government Tourist Bureau (the Bureau), a statutory corporation established by the Norfolk Island Government Tourist Bureau Act 1980 NI (the Act). As Executive Officer he was responsible for effective implementation of the tourism policies of the Norfolk Island Government, for investigation and initiation of promotional opportunities for Norfolk Island and for the day to day running of the Bureau [1] . His appointment was extended in May 1992. The extension was not for a fixed term. It was agreed to by the Bureau after the election of the Sixth Legislative Assembly of Norfolk Island but before the appellant was sworn as the new Minister for Tourism in the administration of Norfolk Island. (The holder of the office of Minister in the Norfolk Island administration is often referred to as an "Executive Member" and the appellant is referred to in some of the evidence in that way.)