Hutchinson v RTA & Anor [2002] NSWCA 148

New South Wales Court of Appeal

CITATION : Hutchinson v RTA & Anor [2002] NSWCA 148 FILE NUMBER(S) : CA 40601 of 2001 HEARING DATE(S) : 16/04/02 JUDGMENT DATE : 24 June 2002

Rowan Hutchinson v PARTIES : Roads & Traffic Authority & Government and Related Employees Tribunal JUDGMENT OF : Meagher JA at 1; Handley JA at 14; Stein JA at 15

LOWER COURT JURISDICTION : LOWER COURT GREAT 310 FILE NUMBER(S) : LOWER COURT P A Lynch JUDICIAL OFFICER :

COUNSEL : A: Mr Game SC & Mr Howell R: Mr Fernon A: Lawrence N Dunn SOLICITORS : R1: Henry Davis York R2: I V Knight Crown Solicitor CATCHWORDS : Application for prerogative relief - employment dismissal - alleged breach of Code of Conduct - harassment - whether the Second Tribunal used the First Tribunal's reasons as a template - summons dismissed with costs. DECISION : Summons dismissed with costs.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40601 of 2001 GREAT 310 of 1998

MEAGHER JA HANDLEY JA STEIN JA

Monday, June 24 2002 ROWAN HUTCHINSON v ROADS & TRAFFIC AUTHORITY & 1 Or FACTS

The appellant, Mr Hutchinson, was summarily dismissed from his employment with the RTA, the respondent, for an alleged breach of the RTA's Code of Conduct. Mr Hutchinson appealed to the Government and Related Employees Appeal Tribunal (the First Tribunal), which dismissed his appeal. The appellant then successfully sought relief in this Court, and the First Tribunal's decision was quashed on the ground of the apprehended bias of its Chairman. The Court directed a rehearing. The rehearing (the Second Tribunal), conducted by a differently constituted tribunal, also dismissed Mr Hutchinson's appeal.