Crewdson v. Industrial Relations Commission of NSW & Ors. [2007] NSWCA 178

Crewdson v. Industrial Relations Commission of NSW & Ors. [2007] NSWCA 178

The claimant did not establish any reasonable basis, let alone proof to the standard required by Briginshaw, for allegations of bad faith or dishonesty against Boland J or the Full Bench. The medical evidence was open to be treated as a valid opinion that DOCS could reasonably take into account, procedural flaws in the HealthQuest referral did not automatically render every later act a nullity, the deed barred the declarations sought, no fraud by the Crown Solicitor was made out, and the Full Bench did not deny procedural fairness by refusing leave to appeal after the claimant attended then chose to absent himself.

Jurisdiction
Australia
Judgment Date
25 July 2007
Procedural Posture
Employment Law; Judicial Review / Amended Summons in the New South Wales Court of Appeal Seeking Orders Quashing Decisions of the Industrial Relations Commission of NSW and the Administrative Decisions Tribunal of Nsw, and Declarations
Outcome
Summons dismissed with costs
Legal Topics
['bad Faith' 'procedural Fairness' 'industrial Relations Commission Decisions' 'administrative Decisions Tribunal Decisions' 'health Assessment for Employment' 'finality of Decisions' 'onus of Proof' 'briginshaw Standard']
['employment Law' 'administrative Law' 'judicial Review'] ['bad Faith' 'procedural Fairness' 'industrial Relations Commission Decisions' 'administrative Decisions Tribunal Decisions' 'health Assessment for Employment' 'finality of Decisions' 'onus of Proof' 'briginshaw Standard']

Case Brief

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Procedural Posture

Employment Law; Judicial Review / Amended Summons in the New South Wales Court of Appeal Seeking Orders Quashing Decisions of the Industrial Relations Commission of NSW and the Administrative Decisions Tribunal of Nsw, and Declarations

Legal Issues

  1. 1 ['Whether decisions of the Industrial Relations Commission of NSW should be quashed on the basis of alleged bad faith or dishonesty by judges of the Commission.' 'Whether decisions of the Administrative Decisions Tribunal of NSW should be quashed because of alleged fraud or attempted perversion of the course of justice in reliance on cl.17 of the Public Sector Management (General) Regulation 1996.' 'Whether flaws in the referral to HealthQuest and placement on leave made all subsequent processes and actions a nullity.' 'Whether the deed of 6 October 1998 barred the claimant from relief.' 'Whether the Full Bench denied procedural fairness or acted in bad faith by refusing leave to appeal and vacating the later appeal date.']

Ratio Decidendi

The claimant did not establish any reasonable basis, let alone proof to the standard required by Briginshaw, for allegations of bad faith or dishonesty against Boland J or the Full Bench. The medical evidence was open to be treated as a valid opinion that DOCS could reasonably take into account, procedural flaws in the HealthQuest referral did not automatically render every later act a nullity, the deed barred the declarations sought, no fraud by the Crown Solicitor was made out, and the Full Bench did not deny procedural fairness by refusing leave to appeal after the claimant attended then chose to absent himself.

Court Disposition

Summons dismissed with costs

Orders

  • ['Summons dismissed with costs']