Morton v Sydney Ferries Corporation [2009] NSWSC 341

New South Wales Supreme Court

CITATION : Morton v Sydney Ferries Corporation [2009] NSWSC 341

HEARING DATE(S) : 4 March 2009, 5 March 2009

JUDGMENT DATE : 4 August 2009

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(i) The proceedings before the Transport Appeal Board in the matter of Stephen James Morton and Sydney Ferries Corporation, be removed into this Court and the decision of the Transport Appeal Board, of 25 June 2008, dismissing the appeal, be quashed;

DECISION : (ii) The matter of the aforesaid appeal by Stephen James Morton against the decision of the Chief Executive of the Sydney Ferries Corporation be remitted to a differently constituted Transport Appeal Board for determination according to law;

(iii) The parties be granted liberty to provide written submissions, within 14 days, on any order for costs, in the absence of which the Court will issue a further order that Sydney Ferries Corporation pay Mr Morton's costs of these proceedings, as agreed or assessed.

CATCHWORDS : ADMINISTRATIVE LAW – certiorari – error of law determinative of result – failure to apply regulatory scheme – denial of natural justice – Transport Appeal Boards - EMPLOYMENT LAW – grounds relied upon by Tribunal did not amount to misconduct and were not a valid basis for dismissal – termination for breach of contract could be effected for conduct that is repudiatory or in breach of an essential term or a sufficiently serious breach of an intermediate term.

State Owned Corporations Act 1989 State Owned Corporations Regulation 2003 Supreme Court Act 1970 The Constitution LEGISLATION CITED : Transport Administration Act 1988 Transport Administration Amendment (Sydney Ferries) Act 2003 Transport Administration (Staff) Regulation 2000 Transport Administration (Staff) Regulation 2005 Transport Appeal Boards Act 1980