TOOMEY v POWER [1993] NSWCA 271

TOOMEY v POWER [1993] NSWCA 271

The respondent, though employed by a statutory body distinct from the Crown, was for the purposes of the GREAT Act 'in the service of the Crown', and the Tribunal thus had jurisdiction.

Parties
Appellant: Mr Toomey; Respondent: Mr Power
Jurisdiction
Australia
Judgment Date
18 August 1993
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Jurisdiction of Tribunal, Service of the Crown, Public Hospital Employment
Employment Law Administrative Law Jurisdiction of Tribunal Service of the Crown Public Hospital Employment

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Toomey

Appellant

Mr Power

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent was 'employed in the service of the Crown' under s4(1)(e) of the Government and Related Employees' Appeal Act 1980

Ratio Decidendi

The respondent, though employed by a statutory body distinct from the Crown, was for the purposes of the GREAT Act 'in the service of the Crown', and the Tribunal thus had jurisdiction.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs