NSW Caselaw
New South Wales Supreme Court
CITATION : DUHBIHUR v. TRANSPORT APPEAL BOARD & ANOR [2005] NSWSC 811
HEARING DATE(S) : Thursday 12 May 2005
JUDGMENT DATE : 12 August 2005
JURISDICTION : Administrative Law
JUDGMENT OF : Hall J at 1
DECISION : Summons dismissed
CATCHWORDS : Plaintiff dismissed from employment - appeal to Transport Appeal Board - appeal disallowed - employer was State Rail Authority - employee breached code of workplace standards - sexual harassment - plaintiff claims declaratory and other relief - error of law on the face of the record - irrationality - jurisdictional error
Supreme Court Act 1970 Transport Appeal Boards Act 1980 Transport Administration Act 1988 State Owned Corporations Regulation 2003 State Owned Corporations Act 1989 LEGISLATION CITED : Transport Administration (Staff) Regulation 2000 Evidence Act 1995 Racial Discrimination Act 1975 (Cth) Anti-Discrimination Act 1977 (NSW) Government & Related Employees Appeal Tribunal Act 1980 Police Regulations (Appeals) Act 1923
Ford v. Transport Appeal Board (NSW) (1987) 18 IR 163 State Rail Authority of NSW v. Transport Appeal Board [2004] NSWSC 962 Craig v. South Australia (1995) 184 CLR 163 Associated Picture Houses Limited v. Wensdbury Corporation (1948) 1 KB 223 Briginshaw v. Briginshaw (1938) 60 CLR 336 Neat Holdings Pty. Limited v. Karajan Holdings Pty. Limited (1992) 67 ALJR 170 Victoria v. Macedonian Teachers' Association of Victoria Inc. (1999) FCA 1287 G v H (1994) 124 ALR 353 Re Marshall & Discrimination Commissioner: ACT (1998) 52 ALD 361 Commissioner of Police v. Donlan (NSWCA, unreported 8 August 1995) CASES CITED : Duckworth v. State Rail Authority of NSW (2002) 119 IR 360 Minister v. Immigration & Multicultural Affairs v. Yusuf (2001) 206 CLR 323 NSW Bar Association v. Evatt (1967) 117 CLR 177 Hardscatle v. Commissioner of Police (1984) 53 ALR 593 Clyne v. NSW Bar Association (1960) 104 CLR 186 Enever v. The King (1906) 3 CLR 969 Blythe Chemicals Limited v. Bushnell (1933) CLR 66 Cyrne v. Australian Airlines Limited (1995) 131 ALR 422 Hughes & Vale Pty. Limited v. State of NSW (1952-1953) 79 CLR 497 The Commonwealth v. The Bank of NSW (1949) 79 CLR 497
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