Second Appeals for Same Position Struck Out
📌 In brief
The Transport Appeal Boards in New South Wales decided that they cannot hear second appeals for the same position. This means that if an applicant did not appeal the initial rejection, they cannot appeal again if the position becomes available again.
⚖️ Legal holding
An unsuccessful applicant who did not appeal the initial appointment cannot appeal a subsequent appointment to the same position.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
📄 Read the full judgment⚖️ View on the official court website ↗
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- Unsuccessful applicants who did not appeal the initial appointment cannot appeal a subsequent appointment to the same position.
- The legislation does not allow for a "second bite of the cherry" in promotional appeals.
- Only exceptions exist where an eligibility list is activated for a first-time appointment.
❌ Tends to be rejected
- Unsuccessful applicants argued they should be able to appeal against what was essentially an appointment to a different job.
- Applicants claimed they should have the right to appeal due to procedural fairness.
- Some applicants believed they had greater merit than the recommended appointees for the second appointment.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about whether unsuccessful applicants who did not appeal the initial rejection could appeal again if the position became available again.
How did the court decide, and why?
The court decided to strike out the appeals, stating that the legislation does not allow for second appeals for the same position.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation cannot appeal a second time for the same position if they did not appeal the initial rejection.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.