Mackay v RailCorp New South Wales [2011] NSWTAB 14

Mackay v RailCorp New South Wales [2011] NSWTAB 14

The Board has no jurisdiction to hear an appeal by an applicant who, having been initially unsuccessful, was subsequently offered and accepted appointment to the position in question; such a person is no longer an 'unsuccessful applicant' within the meaning of clause 41(3) of the Regulation.

Jurisdiction
Australia
Judgment Date
02 August 2011
Procedural Posture
Appeal / Jurisdictional Hearing
Outcome
Appeal disallowed on jurisdictional ground
Legal Topics
['promotion Appeals' 'jurisdiction of Transport Appeal Board']
['employment Law' 'administrative Law'] ['promotion Appeals' 'jurisdiction of Transport Appeal Board']

Case Brief

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Procedural Posture

Appeal / Jurisdictional Hearing

Legal Issues

  1. 1 ['Whether the Transport Appeal Board has jurisdiction to hear an appeal by a RailCorp officer who has already accepted appointment to the relevant position.']

Ratio Decidendi

The Board has no jurisdiction to hear an appeal by an applicant who, having been initially unsuccessful, was subsequently offered and accepted appointment to the position in question; such a person is no longer an 'unsuccessful applicant' within the meaning of clause 41(3) of the Regulation.

Court Disposition

Appeal disallowed on jurisdictional ground

Orders

  • []