ROADS AND TRAFFIC AUTHORITY v FRANKS [1995] NSWCA 392

ROADS AND TRAFFIC AUTHORITY v FRANKS SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE JA 11 December 1995, 11 December 1995 [1995] NSWCA 392

APPEAL FROM GREAT DECISION TIME WITHIN WHICH TO BRING AN APPEAL - ONSTRUCTION OF Pt1 R9A, R9B of SUPREME COURT RULES

Clarke JA Gregory Franks, the opponent today, was employed in a senior position with the Roads and Traffic Authority of New South Wales, the claimant. On 8 December 1994 the claimant demoted and transferred the opponent. Not surprisingly he was not happy with that action and, on 31 January 1995, he appealed to the Government and Related Employees' Appeal Tribunal (GREAT). That appeal was duly heard and, on 15 May 1995, the tribunal handed down reasons for decision in which it found the allegations against the opponent to have been made out and stood over the hearing of the appeal insofar as it related to the question of penalty. On 27 June 1995 GREAT handed down its decision. It did not simply confirm the actions of the claimant but went much further. It dismissed the opponent from his employment with the claimant.

A person in the position of the opponent has one further avenue of appeal and that is, pursuant to s55 of the Government and Related Employees' Appeal Tribunal Act 1980 ("The GREAT Act"), by making an appeal within twenty-one days after the date of the tribunal's decision. Those words are my own words. Those in the statute are as follows: "An appeal under s54 shall be made within twenty-one days after... etcetera." The section also provides that the appeal shall be made in accordance with the rules of the Supreme Court.

It is common ground that the last day for appealing from the decision of GREAT was 18 July 1995. It is further common ground that as a consequence of a line of authorities in this court commencing with Patterson and James v Public Service Board of New South Wales [1981] 1 NSWLR 237 there is no power in the court or any other body to extend the time for the making of an appeal. Unless, therefore, the opponent made an appeal to this court by 18 July he had, and has, no avenue of redress in respect of GREAT's decision.