SPAUTZ v UNIVERSITY OF NEWCASTLE [1994] NSWCA 292

SPAUTZ v UNIVERSITY OF NEWCASTLE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, HANDLEY and POWELL JJA 16 December 1993, 5 May 1994

[1994] NSWCA 292

Spautz was appointed as a Senior Lecturer in the Department of Commerce, the Faculty of Economics and Commerce, of the University of Newcastle ("the respondent") in 1973. Between August 1973 and mid 1976 the respondent advertised on three occasions an appointment to the Chair of Commerce. The appellant applied, unsuccessfully, on the first two occasions and Dr Williams was appointed to the Chair in mid 1976. He started his duties on 1 January 1977.

Shortly after Dr William's appointment, the appellant and Dr Williams had a dispute. The Council of the respondent eventually passed a resolution on 2 May 1980 dismissing the appellant from its academic staff.

The issue is whether the resolution is invalid and of no effect:

"Was resolution 80/80 of the Council of the University of Newcastle as set out in the statement of agreed facts dated 6th September, 1982 carried by the vote of two thirds of the members of Council within of by law 3.6.1.6(4)?"

Held:

Yes, upon construction of the University of Newcastle Act, 1964 and the relevant By laws, a vote of no less than two thirds of the subsisting member was sufficient to pass the resolution of 20 May.

ORDERS Appeal dismissed with costs.

Clarke JA Michael Edward Spautz ("the appellant") was appointed as a Senior Lecturer in the Department of Commerce, the Faculty of Economics and Commerce, of the University of Newcastle ("the respondent") in 1973. His academic training, experience in industry and academic appointment prior to his appointment by the respondent, were undertaken in America. He obtained a Degree of Bachelor of Arts in Psychology at the University of California, Los Angeles in 1956 and then, after some five years interruption to his studies, the Degree of Master of Arts in Psychology at the same university.