Mann v Capital Territory Health Commission [1982] HCA 10

High Court of Australia Stephen, Wilson and Brennan JJ. Mann v Capital Territory Health Commission [1982] HCA 10

ORDER Objection to competency of appeal upheld with costs. Application for special leave to appeal refused with costs.

Cur. adv. vult.

The Court delivered the following written judgment:—

March 31 Stephen, Wilson and Brennan JJ.

In this matter two applications are involved, an objection as to competency of appeal and an application for special leave to appeal, the latter being material only should the objection to competency be upheld.

Dr. Arnold Mann, a specialist medical practitioner employed by the Capital Territory Health Commission, sued the Commission in the Supreme Court of the Australian Capital Territory for declaratory and injunctive relief and for damages. He alleged various breaches of his contract of employment, the gravamen of his complaint being that the Commission had failed properly and adequately to employ his services in a senior capacity as a general surgeon, thus depriving him of the opportunity of being adequately occupied as a senior specialist in general surgery. He claimed common law damages for breach of contract.

The action was tried before Connor A.C.J., who gave judgment for the defendant Commission. The appellant appealed to the Federal Court of Australia. That appeal was heard by a Full Court (Fox, Kelly and Sheppard JJ.) and was dismissed. Dr. Mann thereupon instituted an appeal to this Court, to the competency of which the Commission has objected, effectively upon the ground that the judgment appealed from was not given "in any proceedings in which the matter in issue amounts to or is of the value of $20,000 or upwards or which involve directly or indirectly a claim, demand or question to or respecting any property or any civil right amounting to or of the value of $20,000 or upwards" — Federal Court of Australia Act 1976 Cth, s. 33 (4) (b).