Hanna v University of New England & Ors [2006] NSWSC 122

New South Wales Supreme Court

CITATION : Hanna v University of New England & Ors [2006] NSWSC 122

HEARING DATE(S) : 6, 7 & 8 March 2006

JUDGMENT DATE : 5 April 2006

JURISDICTION : Common Law Division

JUDGMENT OF : Associate Justice Malpass at 1

DECISION : The relief sought in paragraph 12 of the amended summons is stood over generally and costs relating to that claim are reserved; otherwise, the proceedings are dismissed and the plaintiff is to pay the costs of the proceedings; the exhibits may be returned.

CATCHWORDS : Numerous claims for relief ("omnibus litigation") - arising out of decisions made and other matters occuring during the period that the plaintiff has been a student with the first defendant - the need for pleadings and a definition of issues - judicial review - discretionary remedy - construction of university policy and rules - discrimination - trade practices - defamation - general attack to unearth error, mistake or inconsistency - lack of precision in articulation of claims - misconceived litigation - lack of evidence and basis for relief - alternative internal appeal procedure and discretion.

Anti-Discrimination Act 1977 LEGISLATION CITED : Trade Practices Act 1974 University of New England Act 1993

Clark v University of Lincolnshire and Humberside [2000] 1 WLR 1988 CASES CITED : Hanna v Maks [2003] NSWSC 158 Naidu v Group 4 Securitas Pty Ltd & Anor [2006] NSWSC 144

Fayez Phillipe Hanna (Plaintiff) University of New England (First Defendant) PARTIES : UNE Faculty of Economics, Business & Law (Second Defendant) Michael Ernest Eburn (Third Defendant) Stephen Edward Colbran (Fourth Defendant)