SYDNEY FERRIES v MORTON [2010] NSWCA 156

New South Wales Court of Appeal

CITATION: SYDNEY FERRIES v MORTON [2010] NSWCA 156 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 17, 18 March 2010

JUDGMENT DATE: 6 July 2010

JUDGMENT OF: Allsop P at 1; Basten JA at 18; Campbell JA at 115

DECISION: Appeal dismissed with costs.

CATCHWORDS: ADMINISTRATIVE LAW – procedural fairness – duty to give notice – Transport Administration (Staff) Regulation 2000 (NSW), cl 32. - ADMINISTRATIVE LAW – procedural fairness – obligation to give reasons - content of the obligation dependent upon nature of the power and circumstances in which the power is exercised – no general law assumption that there is an obligation for an administrative decision-maker to give reasons. - ADMINISTRATIVE LAW – estoppel – no function of Court exercising powers of judicial review to make findings of fact as to the merits of the claim – a statement of facts in a judgment in judicial review proceedings does no more than identify the background - Supreme Court Act 1970 (NSW), s 69 - ADMINISTRATIVE LAW – Wednesbury unreasonableness – principle applicable to discretionary decision-making – findings of fact open to a Tribunal not to be disturbed for unreasonableness

Acts Interpretation Act 1901 (Cth), s 25D Public Sector Employment and Management Act 2002 (NSW), Pt 2.7 Supreme Court Act 1970 (NSW), ss 69, 75A LEGISLATION CITED: Transport Administration (Staff) Regulation 2000 (NSW), cll 29, 32, 33, 34; Pt 3, Div 3 Transport Administration Act 1988 (NSW), ss 60, 62 Transport Appeal Boards Act 1980 (NSW), ss 5, 23; Sch 1 Uniform Civil Procedure Rules 2005 (NSW), r 6.12A Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 327, 328