Chief Executive Officer, State Rail Authority v Woods [GD) [2003] NSWADTAP 25

Appeal Panel - Internal

CITATION: Chief Executive Officer, State Rail Authority v Woods [GD) [2003] NSWADTAP 25 Chief Executive Officer, State Rail Authority PARTIES: RESPONDENT Lindsay Woods FILE NUMBER: 029057 HEARING DATES: 14/02/2003 SUBMISSIONS CLOSED: 02/14/2003 DATE OF DECISION: 07/10/2003

Woods v Chief Executive Officer, State Rail Authority (2002) NSWADT 253 DECISION UNDER APPEAL: BEFORE: O'Connor K - DCJ (President); Montgomery S - Judicial Member; Bolt M - Member CATCHWORDS: finding contrary to evidence - leave to extend to the merits - no evidence - statutory interpretation MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 023048 DATE OF DECISION UNDER APPEAL: 12/03/2002 Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Freedom of Information Act 1982 (Commomwealth) Freedom of Information Act 1989 Protected Disclosures Act 1994 Woods v Chief Executive Officer, State Rail Authority [2002] NSWADT 253 Young v Wicks (1986) 13 FCR 85 Department of Social Security v Dyrenfurth (1988) 80 ALR 533 Wiseman v Commonwealth of Australia (unreported, Federal Court, 24 October 1989 Re Williams (1985) 8 ALD 219 Re Griffith and the Queensland Police Service (unreported decision No 97013, 15 August 1997) CASES CITED: Hutchinson and Department of Human Services (1997) 12 VAR 422 Re Stewart and Department of Transport (1993) 1 QAR 227 Re Perton and Attorney General's Department (1992) 5 VAR 302 Re Hocknell and Australian Telecommunications Corp (1991) 23 ALD 446 Bleicher v ACT Health Authority (1990) 96 ALR 732 Colakovski v Australian Telecommunications Commission (1991) 29 FCR 429 Commissioner of Police v District Court of New South Wales (Perrin's case ) (1993) 31 NSWLR 606) APPELLANT REPRESENTATION: M Leeming, barrister RESPONDENT K Woods, agent ORDERS: 1. Decision under appeal set aside.; 2. The appellant's application for leave to extend the appeal to the merits is granted.; 3. Appeal to be listed for further directions in relation to the conduct of the merits hearing.