COMMISSIONER OF CORRECTIVE SERVICES v WALKER and ORS [2007] NSWCA 213

Reported Decision: 166 IR 126

New South Wales Court of Appeal

CITATION: COMMISSIONER OF CORRECTIVE SERVICES v WALKER and ORS [2007] NSWCA 213

HEARING DATE(S): 1 May 2007

JUDGMENT DATE: 16 August 2007

JUDGMENT OF: Mason P at 1; Santow JA at 2; McColl JA at 48

DECISION: Appeal dismissed with costs.

CATCHWORDS: ADMINISTRATIVE LAW – Statutory Interpretation – "GREAT" appeals under s20 of the Government and Related Employees Appeal Tribunal Act 1980 (NSW) – entitlement to appeal under s20 and by reference to s21(1)(e) – competency of appeal when made outside 21 days mandated by s55 of the GREAT Act. - WORDS AND PHRASES – meaning of "the decision of the Tribunal in respect of an appeal" within s48(4) – was there a decision when the result of the Tribunal's determination but without its reasons was informally communicated in advance of the decision with reasons being formally provided.

LEGISLATION CITED: Government and Related Employees Appeal Tribunal Act 1980 (NSW) s20, s21, s48, s54, s55, Supreme Court Act 1970 s69

Ex parte Currie; Re Dempsey and Others (1969) 91 W.N. 34 CASES CITED: Ex parte Currie; Re Dempsey [1970] 1 NSWR 617 Metropolitan Water, Sewerage and Drainage Board v Histon [1982] 2 NSWLR 720

COMMISSIONER OF CORRECTIVE SERVICES (Appellant) PARTIES: David Anthony WALKER (First Respondent) Shannon KAY (Second Respondent) Benjamin CLAPP (Third Respondent)

FILE NUMBER(S): CA CA 40698/06; CA 40052/07

T ANDERSON (Appellant) COUNSEL: I TAYLOR (First Respondent) Submitting appearances (Second and Third Respondents)

SOLICITORS: NSW Department of Corrective Services (Appellant) W G McNally Jones Staff (First Respondent)