NSW Caselaw
New South Wales Supreme Court
CITATION : RailCorp v Transport Appeal Boards & Anor [2009] NSWSC 195
HEARING DATE(S) : 19/3/09
JUDGMENT DATE : 27 March 2009
JURISDICTION : Common Law Division Administrative Law List
JUDGMENT OF : Kirby J
DECISION : (1) The Summons issued on behalf of RailCorp on 17 December 2008 is dismissed. (2) Since there was no appearance for either defendant, there is no order as to costs.
CATCHWORDS : Administrative Law - appeal from decision of Transport Appeal Boards to reinstate RailCorp employee - judicial review - grounds of review - error of law in exercising discretion - Wednesbury unreasonableness - examining reasons given by lay tribunal - failure to take account of relevant considerations - irrelevant considerations - procedural fairness.
Transport Appeal Boards Act 1980 LEGISLATION CITED : Rail Safety Act 2002 Rail Safety (Drug & Alcohol Testing) Regulation 2003 Crimes (Sentencing Procedure) Act 1999
CATEGORY : Principal judgment
Briginshaw v Briginshaw (1938) 60 CLR 336 Zattin v Rail Corporation New South Wales [2005] NSWSC 1265 House v The King (1936) 55 CLR 499 CASES CITED : Associated Provincial Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223 Minister for Immigration and Ethnic Affairs v Maitan (1988) 78 ALR 419 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 82 ALJR 1425 Brimbella Pty Limited v Mosman Municipal Council (1985) 79 LGERA 367
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