The Queen v. Pearson, Eric Sterndale & Ors [1980] FCA 192

The Queen v. Pearson, Eric Sterndale & Ors [1980] FCA 192

Even assuming the Board's definition of 'efficiency' was too wide, the actual decision was based on specific findings regarding the appellant's inability to control and teach many classes within her subject area, and not on the broad erroneous statement. Therefore, no error of law affecting the decision was shown on the face of the record, and the appeal is dismissed.

Parties
Appellant (prosecutrix): Rebecca Chong; Firstnamed Respondent: Eric Sterndale Pearson; Secondnamed Respondent: John Mark Edmunds; Thirdnamed Respondent: John Albert Morley
Jurisdiction
Australia
Judgment Date
17 December 1980
Procedural Posture
Appeal / On Appeal From the Supreme Court of the Australian Capital Territory
Outcome
Appeal dismissed.
Legal Topics
Certiorari, Error of Law on the Face of the Record, Dismissal of Teacher, Disciplinary Appeal Board, Commonwealth Teaching Service Act 1972
Administrative Law Education Law Certiorari Error of Law on the Face of the Record Dismissal of Teacher Disciplinary Appeal Board Commonwealth Teaching Service Act 1972

Case Brief

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Parties

Rebecca Chong

Appellant (prosecutrix)

Eric Sterndale Pearson

Firstnamed Respondent

John Mark Edmunds

Secondnamed Respondent

John Albert Morley

Thirdnamed Respondent

Procedural Posture

Appeal / On Appeal From the Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 Whether the Disciplinary Appeal Board made an error of law on the face of the record.
  2. 2 Whether any error of law affected the Board's decision to confirm the termination of a teacher.

Ratio Decidendi

Even assuming the Board's definition of 'efficiency' was too wide, the actual decision was based on specific findings regarding the appellant's inability to control and teach many classes within her subject area, and not on the broad erroneous statement. Therefore, no error of law affecting the decision was shown on the face of the record, and the appeal is dismissed.

Court Disposition

Appeal dismissed.

Orders

  • The appeal be dismissed.
  • The respondents' costs of the appeal be taxed and paid by the appellant.