Haining, Damien v Deputy President Drake & Ors [1998] FCA 1168

Haining, Damien v Deputy President Drake & Ors [1998] FCA 1168

The Full Bench's legal error in applying the 'acceptable explanation' requirement did not affect its exercise of power or the substance of its decision; no jurisdictional error was established and prerogative relief was not warranted.

Parties
Applicant: Damien Haining; First Respondent: Deputy President Drake; First Respondent: Deputy President Duncan; First Respondent: Commissioner Foggo; Second Respondent: State of Victoria
Jurisdiction
Australia
Judgment Date
17 September 1998
Procedural Posture
Application for Prerogative Relief / Judgment on Application
Outcome
Application dismissed
Legal Topics
Extension of Time, Unlawful Termination, Prerogative Relief, Jurisdictional Error, Statutory Discretion
Industrial Law Extension of Time Unlawful Termination Prerogative Relief Jurisdictional Error Statutory Discretion

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Parties

Damien Haining

Applicant

Deputy President Drake

First Respondent

Deputy President Duncan

First Respondent

Commissioner Foggo

First Respondent

State of Victoria

Second Respondent

Procedural Posture

Application for Prerogative Relief / Judgment on Application

Legal Issues

  1. 1 Whether the applicant was entitled to prerogative relief for alleged jurisdictional error by the Full Bench of the Australian Industrial Relations Commission
  2. 2 Whether the Full Bench's error in principle affected its exercise of discretionary power
  3. 3 Whether the requirement for an 'acceptable explanation' for delay was applied incorrectly

Ratio Decidendi

The Full Bench's legal error in applying the 'acceptable explanation' requirement did not affect its exercise of power or the substance of its decision; no jurisdictional error was established and prerogative relief was not warranted.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.