Gopal Sri Ram JCA:

This appeal raises no question of any importance. It concerns an issue that has been dealt with on numerous occasions by this court and by the Federal Court. It is whether the High Court exercised appellate powers in an application for certiorari and thereby exceeded its judicial review function. The facts relevant to the appeal may be shortly stated.

The respondent was at all material times employed by the appellant as deputy project manager. The terms of the respondent's employment became a matter of serious dispute in the proceedings before the Industrial Court. It is necessary to outline the stand that each side took on the point.

According to the appellant, the respondent was employed pursuant to an agreement contained in a letter of appointment dated 13 July 1994. This document states that the respondent's employment was for an initial probationary period of six months. However, the appellant was dissatisfied with the respondent's performance of his duties and so extended the period of probation for a further period of six months.

The respondent presented quite a different version altogether. He contended that he was employed under an oral agree