Morton v The Transport Appeal Board & Anor (No2) [2007] NSWSC 1482

New South Wales Supreme Court

CITATION : Morton v The Transport Appeal Board & Anor (No2) [2007] NSWSC 1482

JUDGMENT DATE : 14 December 2007

JUDGMENT OF : Berman AJ

DECISION : The second Defendant is to pay the Plaintiff's costs as agreed or assessed.

CATCHWORDS : Judicial Review - Contract of Employment - Apportionment of Costs

Morton v The Transport Appeals Board & Anor (No1) [2007] NSWSC 1454 Oshlack v Richmond River Council (1998) 193 CLR 72 at 96 – 98 Oshlack v Richmond River Council (1998) 193 CLR 72 at [67] and [68] CASES CITED : Hughes v Western Australian Cricket Association (Inc) (1986) ATPR 40-748 Dodds Family Investment Pty Ltd v Lane Industries Pty Ltd (1993) 26 IPR 261 at 27 Waters v PC Henderson (Australia) Pty Ltd (NSWCA, 6 July 1994, unreported) Mok v Minister for Immigration, Local Government and Ethnic Affairs (No2) (1993) 47 FCR 81 Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223

P: Stephen James Morton PARTIES : D1: The Transport Appeal Board D2: Sydney Ferries Corporation

FILE NUMBER(S) : SC 30145/2006

P: D. Cowan SC; D. Knoll COUNSEL : D1: D2: P.J. Newall

P: Diamond Conway Lawyers SOLICITORS : D1: D2: Sparke Helmore Solicitors

JUDGMENT

1 The Plaintiff brought proceedings in this Court against the second Defendant, following his dismissal from the position of a Ferry Master in their employ. He sued on two bases: * firstly he sought judicial review of a decision of a Transport Appeals Board constituted under the Transport Appeals Board Act 1980 following their dismissal of his appeal against the second Defendant's decision to terminate his employment; * secondly he claimed damages for breach of contract.