Morton v Sydney Ferries Corporation

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

DECISION:

(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;

(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.
LEGISLATION CITED:	State Owned Corporations Act 1989 State Owned Corporations Regulation 2003 Supreme Court Act 1970 The Constitution 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
CATEGORY:	Principal judgment
CASES CITED:	Andary v Minister for Immigration & Multicultural Affairs [2003] FCAFC 211 ASIC v Farley & Anor [2001] NSWSC 326; (2001) 51 NSWLR 494 Attorney-General (NSW) v Quin [1990] HCA 21; (1990) 170 CLR 1 Bettini v Gye [1876] 1 QBD 183 Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 Duhbihur v Transport Appeal Board and Anor [2005] NSWSC 811; (2005) 149 I.R. 276 Franks v Roads & Traffic Authority [1996] NSWCA 13 Hanna v DIMIA [2004] NSWCA 275 Herrington v British Railways Board [1972] AC 877 Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha [1962] 2 QB 26 Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited [2007] HCA 61 McDonald v State of South Australia [2008] SASC 134 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Morton v The Transport Appeal Board and Anor (No 1) [2007] NSWSC 1454; (2007) 168 IR 403 NZ Classic Car Co Ltd v Motor Vehicle Dealers Licensing Board (1985) NZAR 170 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Plaintiff S157/2002 v Commonwealth [2003] HCA 2; (2003) 211 CLR 476 Poussard v Spiers (1876) 1 QBD 410 Public Service Association of South Australia v Federated Clerks’ Union of Australia (SA) [1991] HCA 33