BROWN v TAFE COMMISSION and ANOR [1996] NSWCA 72

BROWN v TAFE COMMISSION and ANOR [1996] NSWCA 72

The appeal was allowed on the basis that the appellant’s appeal to the Tribunal had been withdrawn and was no longer on foot, and so the Tribunal could not make valid orders thereafter.

Parties
Appellant: Brown; Respondent: TAFE Commission; Tribunal: Government and Related Employees Appeal Tribunal (GREAT)
Jurisdiction
Australia
Judgment Date
31 January 1996
Procedural Posture
Appeal / Hearing of Appeal Against Tribunal Decision
Outcome
Appeal upheld
Legal Topics
Withdrawal of Appeal, Statutory Rights in Appeals, Jurisdiction of Tribunal After Withdrawal
Administrative Law Withdrawal of Appeal Statutory Rights in Appeals Jurisdiction of Tribunal After Withdrawal

Case Brief

Summary, issues, holding and outcome

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Parties

Brown

Appellant

TAFE Commission

Respondent

Government and Related Employees Appeal Tribunal (GREAT)

Tribunal

Procedural Posture

Appeal / Hearing of Appeal Against Tribunal Decision

Legal Issues

  1. 1 Whether the Tribunal had jurisdiction to make orders after the appellant had withdrawn his appeal

Ratio Decidendi

The appeal was allowed on the basis that the appellant’s appeal to the Tribunal had been withdrawn and was no longer on foot, and so the Tribunal could not make valid orders thereafter.

Court Disposition

Appeal upheld

Orders

  • Appeal upheld.
  • GREAT's orders set aside.