ROADS AND TRAFFIC AUTHORITY v FRANKS [1995] NSWCA 392

ROADS AND TRAFFIC AUTHORITY v FRANKS [1995] NSWCA 392

The opponent's appeal was filed within time as posting the notice of appeal by certified mail together with a request to file fulfilled the requirements of Supreme Court Rules Pt1 R9B and s55 of the Government and Related Employees' Appeal Tribunal Act 1980; therefore, the notice of motion to dismiss is rejected.

Parties
Claimant: Roads and Traffic Authority of New South Wales; Opponent: Gregory Franks
Jurisdiction
Australia
Judgment Date
11 December 1995
Procedural Posture
Appeal / Motion to Dismiss Appeal as Incompetent for Being Out of Time
Outcome
notice of motion dismissed; appeal treated as filed within time
Legal Topics
Appeal Procedure, Time Limits for Appeals, Filing Requirements
Administrative Law Employment Law Appeal Procedure Time Limits for Appeals Filing Requirements

Case Brief

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Parties

Roads and Traffic Authority of New South Wales

Claimant

Gregory Franks

Opponent

Procedural Posture

Appeal / Motion to Dismiss Appeal as Incompetent for Being Out of Time

Legal Issues

  1. 1 Whether the opponent's appeal to the Court was made within the prescribed time under s55 of the Government and Related Employees' Appeal Tribunal Act 1980
  2. 2 Whether posting a notice of appeal by certified mail constituted filing within time under Supreme Court Rules Pt1 R9B

Ratio Decidendi

The opponent's appeal was filed within time as posting the notice of appeal by certified mail together with a request to file fulfilled the requirements of Supreme Court Rules Pt1 R9B and s55 of the Government and Related Employees' Appeal Tribunal Act 1980; therefore, the notice of motion to dismiss is rejected.

Court Disposition

notice of motion dismissed; appeal treated as filed within time

Orders

  • The notice of motion is dismissed.
  • The claimant must pay the opponent's costs.