LAM v THE UNIVERSITY OF SYDNEY [1997] NSWCA 184

LAM v THE UNIVERSITY OF SYDNEY SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

GLEESON CJ, MASON P and BEAZLEY JA 22 April 1997

[1997] NSWCA 184 ADMINISTRATIVE LAW — PROCEDURAL FAIRNESS

The appellant, a university student, was found guilty of misconduct by a Student Proctorial Board. He appealed unsuccessfully to an Appeals Committee. He then invoked the Vice-Chancellor's discretionary power to recommend that the determination be quashed, relying on what was said to be fresh evidence. His application was dismissed. The appellant claimed the Vice-Chancellor erred in law in his approach to the application and denied natural justice - HELD - No such error of law or denial of natural justice was shown.

Gleeson CJ. From 1990 until the end of 1993, the appellant was a student enrolled in the Faculty of Medicine at Sydney University.

In January 1994 the appellant came before a Student Proctorial Board, consisting of a former judge of this Court and two other members, to answer a charge in the following terms:

Between 30 October 1992 and 9 November 1992 Ernie Tung Quang Lam of 9 Boronia Street, Ermington, in the State of New South Wales, being a second academic year student in the Faculty of Medicine at the University of Sydney, was guilty of misconduct contrary to Chapter 13 of the By-Laws of the university in that he did corruptly offer to pay Mrs Trudy Fatnowna, an administrative assistant employed by the university, $200 for information regarding the contents of the semester 2 1992 histology examination paper in the Faculty of Medicine to be held on 9 November 1992, an examination for which the said Mr Lam was to sit.

The Student Proctorial Board conducted an inquiry into the complaint, during which it heard evidence on oath from witnesses called on behalf of the university, as well as evidence on oath from the appellant and witnesses called on behalf of the appellant.