SCOTT-YOUNG v G.R.E.A.T. [2001] NSWCA 293

New South Wales Court of Appeal

CITATION : SCOTT-YOUNG v G.R.E.A.T. [2001] NSWCA 293 FILE NUMBER(S) : CA 40621/00 HEARING DATE(S) : 31 August 2001 JUDGMENT DATE : 31 August 2001

PARTIES : Breck SCOTT-YOUNG v Registrar of the Government & Related Employees Appeal Tribunal & Anor JUDGMENT OF : Mason P at 1; Giles JA at 22; Studdert AJA at 25

LOWER COURT JURISDICTION : GREAT Tribunal LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER :

Appellant: P See COUNSEL : 1st Respondent: Discontinued 2nd Respondent: R J Redfern (Sol) Appellant: Oates & Smith SOLICITORS : 1st Respondent: I V Knight 2nd Respondent: Michael N Holmes CATCHWORDS : APPEAL - person interested not made a party - procedural fairness. (ND) CASES CITED: Australian Securities Commission v Ampolex Limited (1995) 38 NSWLR 504, Witness v Marsden (2000) 49 NSWLR 429 DECISION : See par 19.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40621/00 MASON P GILES JA STUDDERT AJA

Friday 31 August 2001 Breck SCOTT-YOUNG v REGISTRAR OF THE GOVERNMENT AND RELATED EMPLOYEES APPEAL TRIBUNAL AND ANOR

JUDGMENT 1 MASON P: The Appellant is a sergeant of police based in Albury. He was unsuccessful in his application for a promotion to the position of duty officer, level 1, Tuggerah Lakes Local Area Command Inspector. The successful applicant was Sergeant Paul Baker. 2 The appellant appealed to the Government and Related Employees Appeal Tribunal. The right of appeal is given by s 81C of the Police Service Act 1990 and that section states that the only ground on which the appeal may be made is that the merit of the appellant is greater than that of the other police officer. 3 On the presently unchallenged facts before us it would appear that on 4 July 2000 the appellant learnt that his and other appeals had been set down for hearing before the Tribunal in Sydney on 17 and 18 July 2000. A notice of hearing issued on behalf of the Registrar of the Tribunal confirmed this (AB 8). 4 The appellant had a difficulty on Monday 17 July because he was required to attend Albury Local Court and give evidence in a matter in which he was the informant. He promptly rang the Tribunal on 5 July and spoke to a female staff member. He told her about his difficulties and asked for his appeal to be last in the list and heard on the second day. The lady said that she would make inquiries and ring him back. There were two further phone conversations that day in which the lady said that she was still waiting to speak to the Chairman. Eventually after 4pm that day the appellant received a telephone call from the lady who said: I have spoken to the chairman and he said you can attend on the Tuesday morning but you must be aware that you will not be able to hear the submission of the nominated person. The appellant said "that's okay".