Mbuzi v Griffith University [2016] FCAFC 10

FEDERAL COURT OF AUSTRALIA

Mbuzi v Griffith University [2016] FCAFC 10 Appeal from: Mbuzi v Griffith University [2014] FCA 1323

File number: QUD 861 of 2015

Judges: LOGAN, GRIFFITHS AND PAGONE JJ

Date of judgment: 11 February 2016

Catchwords: CONSUMER LAW – whether primary judge erred in dismissing appellant's claims that in terminating his doctoral candidature the respondent's conduct was unconscionable or misleading or deceptive, contrary to the Australian Consumer Law, or in breach of contract. CONTRACTS –whether relationship between university and doctoral candidate contractual – Griffith University v Tang [2005] HCA 7; (2005) 221 CLR 99 PRACTICE AND PROCEDURE – appeal against orders under s 37AO Federal Court of Australia Act 1976 (Cth) – whether appellant has frequently instituted or conducted vexatious proceedings in Australian courts or tribunals – where applicant prohibited from instituting proceedings in any Queensland court under s 6 Vexatious Proceedings Act 2005 (Qld) – proper construction of s 37AO Federal Court of Australia Act 1976 (Cth) - whether respondent had standing to bring application under s 37AO(3) Federal Court of Australia Act 1976 (Cth) –where appellant has history of joining persons as individuals to litigation involving actions taken in official or agency capacity for purposes of intimidation – where appellant in correspondence threatened action against staff of university for conduct related to present proceedings

Legislation: Australian Consumer Law ss 18, 20, 21, 22 Federal Court of Australia Act 1976 (Cth), ss 37AM, 37 AO, 37AO(1)(a), 37AO(2)(a), 37AO(2)(b), 37AO(3)(c), 37AO(3)(d), 37AO(6), 51 Higher Education Funding Act 1988 (Cth) Higher Education Support Act 2003 (Cth) Uniform Civil Procedure Rules 1999 (Qld) r 389A Vexatious Proceedings Act 2005 (Qld) Judicial Review Act 1991 (Qld)