NSW Caselaw
New South Wales Supreme Court
CITATION : IN THE MATTER OF 'CARL' [2003] NSWSC 756 HEARING DATE(S) : 6/5/03, 27/5/03, 10/6/03, 8/7/03, 15/7/03, 24/7/03 JUDGMENT DATE : 24 July 2003 JURISDICTION: Common Law JUDGMENT OF : Adams J at 1 DECISION : Summons dismissed
CATCHWORDS : Administrative Law - judicial review - decision made by the Minister for Education and Training - entry into a selective high school refused because plaintiff not an Australian or New Zealand citizen or a permanent resident of Australia - whether Minister and Department blindly applied the residence requirement without regard to special circumstances - whether an exception was available - whether residence requirement was contrary to s34(5) of the Education Act 1990 as racially discriminatory Anti-Discrimination Act 1977 s34(5) Education Act 1990 LEGISLATION CITED : International Convention on the Elimination of All Forms of Racial Discrimination (1969) Race Discrimination Act 1975 (Cth), Anti-Discrimination Act 1977 (NSW) Sex Discrimination Act 1984 (Cth) CASES CITED : Quark Technologies v Workcover Australia [1997] SASC 6376 Rendell v Release on Licence Board (1987) 10 NSWLR 499 PARTIES : 'Carl' (Plaintiff) Minister for Education (Defendant) FILE NUMBER(S) : SC 30042/03 COUNSEL : P Singleton (Plaintiff) M Leeming (Defendant) SOLICITORS : K Cull, Legal Aid Commission of NSW (Plaintiff) Anina Johnson (Crown Solicitor's Office)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
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