Hall v The University of New South Wales [2003] NSWSC 511

New South Wales Supreme Court

CITATION : Hall v The University of New South Wales [2003] NSWSC 511 revised - 13/06/2003 HEARING DATE(S) : 13/05/03 JUDGMENT DATE : 15 May 2003

JUDGMENT OF : Newman AJ at 1 DECISION : Paragraphs 16-19 inclusive and paragraphs 53-55 inclusive of the plaintiff's Amended Statement of Claim be struck out. I give the plaintiff leave to replead so as to raise the allegation that he was denied natural justice by virtue of being denied an opportunity of obtaining a better result. However, that leave is restricted to matters properly falling within the ambit of judicial review of an administrative decision and not involve questions going to the merits of the inquiry's findings. I order the plaintiff to pay the costs of this application.

CATCHWORDS : Administrative law - Practice and procedure - Application to strike out part of statement of claim - Denial of natural justice - Ambit of judicial review LEGISLATION CITED : Supreme Court Act Attorney General (NSW) v Quin [1989/90] 170 CLR 1 Minister for Health v Thomson 60 ALR 701 CASES CITED : Pfizer v Birkett [2001] 112 FCR 305 Minister for Immigration v Multicultural and Indigenous Affairs; Ex parte applicant s190 of 2002 [2002] HCA 39 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948223 PARTIES : Bruce Hall v The University of New South Wales FILE NUMBER(S) : SC 30017/03 COUNSEL : Respondent/Plaintiff: G Laughton Applicant/Defendant: A Bell SOLICITORS : Plaintiff: David Brown Defendant: Sparke Helmore

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