Orr v University of Tasmania [1957] HCA 32

526 HIGH COURT

[HIGH COURT OF AUSTRALIA.]

ORR. . 3 3 . : ras : APPE PLaIntIFr, AND THE UNIVERSITY OF TASMANIA. . —_Resrowp DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF TASMANIA,

H.C. or A. Master and Servant—Terms etc. of employment—U niversity and professor—Unive

1957. statute—Council of university able to make appointments on such terms

— council shall think fit—Provision that appointment of any person under Metpourne, shall determine on 31st December of year in which appointee attains age of May 20, 21, five years—Contract between university and professor providing that

22, 23. 'might be determined by six months' notice given by either party—Whether

—_ 'in university summarily to dismiss professor for conduct rendering i Dizon Os for his office. taylor 35. Clause 1 of Statute VI of the Statutes of the University of Tasmania

the Council of the University to make appointments on such terms ditions as it shall think fit. Clause 3 provides that the appointment person under the statute shall determine on the 31st day of December year in which that person attains the age of sixty-five years.

Held, that the effect of cl. 3 is not to render an appointment i determination prior to the end of the year in which the appointee at stated age but to provide that it shall not continue beyond that time.

A professor was engaged by the university under a contract which that his appointment might be determined by six months' notice give cither party.

Held, that neither the statute nor the contract prevented the un from dismissing the professor for conduct which rendered him unfit fo office.

Decision of the Supreme Court of Tasmania (Green J.), affirmed. x ArrgaL from the Supreme Court of Tasmania. By writ dated 19th March 1956 Sydney Sparkes Orr comm an action in the Supreme Court of Tasmania against the Univ