Markham v Williams [1913] HCA 65

Markham v Williams [1913] HCA 65

The appellant was not entitled to gratuity under sec. 71(b) as his services were not dispensed with by the Public Service Board; the termination was not effected by the Board but rather by the Board of Health acting under other statutory authority.

Parties
Appellant/plaintiff: Patrick Markham; Respondent/defendant: James Leslie Williams (nominal, for the Government of New South Wales)
Jurisdiction
Australia
Judgment Date
12 December 1913
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales
Outcome
Appeal dismissed. Judgment of Supreme Court affirmed.
Legal Topics
Gratuities on Termination of Employment, Public Service Employment, Statutory Interpretation
Public Service Law Administrative Law Gratuities on Termination of Employment Public Service Employment Statutory Interpretation

Case Brief

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Parties

Patrick Markham

Appellant/plaintiff

James Leslie Williams (nominal, for the Government of New South Wales)

Respondent/defendant

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the appellant was a person whose services had been dispensed with by the Public Service Board within the meaning of sec. 71 of the Public Service Act 1902 (N.S.W.)
  2. 2 Whether the appellant was entitled to claim a gratuity under sec. 71(b) of the Public Service Act 1902 (N.S.W.)

Ratio Decidendi

The appellant was not entitled to gratuity under sec. 71(b) as his services were not dispensed with by the Public Service Board; the termination was not effected by the Board but rather by the Board of Health acting under other statutory authority.

Court Disposition

Appeal dismissed. Judgment of Supreme Court affirmed.

Orders

  • Judgment for the defendant with costs. Appellant to pay costs of appeal.