Waqa v TAFE Commission [2008] NSWSC 808

New South Wales Supreme Court

CITATION : Waqa v TAFE Commission [2008] NSWSC 808

HEARING DATE(S) : 6 June 2008

JUDGMENT DATE : 8 August 2008

JURISDICTION : Common Law

JUDGMENT OF : Harrison AsJ

DECISION : (1) The amended summons filed 6 February 2008 is dismissed. (2) The plaintiff is to pay the defendant's costs as agreed or assessed.

CATCHWORDS : JUDICIAL REVIEW - remedial action - teacher

LEGISLATION CITED : Supreme Court Act 1970 Technical and Further Education Commission Act 1990

CATEGORY : Principal judgment

Craig v South Australia (1994-95) 184 CLR 163 CASES CITED : Kioa v West (1985) 154 CLR 550 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1

PARTIES : Mhairi Waqa (Plaintiff) TAFE Commission (Defendant)

FILE NUMBER(S) : SC 30123/2007

COUNSEL : S Free (Plaintiff) S Flanigan ( Defendant)

SOLICITORS : McLachlan Thorpe (Plaintiff)

LOWER COURT DATE OF DECISION : 22 January 2007

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST

ASSOCIATE JUSTICE HARRISON

FRIDAY, 8 AUGUST 2008

30123/2007 - MHAIRI WAQA v TAFE COMMISSION

JUDGMENT (Judicial review – remedial action - teacher) 1 HER HONOUR: By amended summons filed 6 February 2008, the plaintiff seeks firstly, a declaration that the purported decision of the defendant on or about 22 January 2007 to take remedial action against the plaintiff was invalid and of no effect; secondly an order that the decision be set aside. 2 The plaintiff is Mhairi Waqa. The defendant is the TAFE Commission ("TAFE"). The plaintiff relied upon her affidavit dated 14 November 2007.