Cole, Robert William & Ors v Cunningham, Colin Frederick [1983] FCA 223

Cole, Robert William & Ors v Cunningham, Colin Frederick [1983] FCA 223

On the very special facts of this case, the respondent had a legitimate expectation that the question of his future employment in the Public Service would not be decided on the basis that his past record was blemished. If his past record was to be treated as blemished, the law required that he be afforded a proper opportunity to be heard. As this expectation was not met, the Board's decision was properly set aside by the primary judge.

Parties
Appellant: Robert William Cole; Appellant: Robert John Young; Appellant: John Vincent Monaghan; Respondent: Colin Frederick Cunningham
Jurisdiction
Australia
Judgment Date
02 September 1983
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
appeal dismissed
Legal Topics
Judicial Review, Natural Justice, Legitimate Expectation, Re Employment Decision, Public Service Employment
Administrative Law Judicial Review Natural Justice Legitimate Expectation Re Employment Decision Public Service Employment

Case Brief

Summary, issues, holding and outcome

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Parties

Robert William Cole

Appellant

Robert John Young

Appellant

John Vincent Monaghan

Appellant

Colin Frederick Cunningham

Respondent

Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether the Public Service Board was obliged to accord natural justice to the respondent when refusing re-employment
  2. 2 Whether the Board observed rules of natural justice
  3. 3 Meaning and implication of 'legitimate expectation' in the context of administrative decisions

Ratio Decidendi

On the very special facts of this case, the respondent had a legitimate expectation that the question of his future employment in the Public Service would not be decided on the basis that his past record was blemished. If his past record was to be treated as blemished, the law required that he be afforded a proper opportunity to be heard. As this expectation was not met, the Board's decision was properly set aside by the primary judge.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • Robert William Cole, Robert John Young and John Vincent Monaghan pay Colin Frederick Cunningham his costs of the appeal.