King v The University of Notre Dame [2015] NSWSC 309

Supreme Court New South Wales

Medium Neutral Citation: King v The University of Notre Dame [2015] NSWSC 309 Hearing dates: 29 & 30 January 2015 Date of orders: 30 March 2015 Decision date: 30 March 2015 Jurisdiction: Common Law Before: Davies J Decision: (1) Dismiss the Plaintiff's application for an interlocutory injunction contained in paragraph 3 of her Notice of Motion filed 21 January 2015; (2) The Plaintiff is to pay the Defendant's costs. Catchwords: INJUNCTIONS – interlocutory injunctions – university student who failed two successive years seeks judicial review – student unsuccessful in internal and external appeals under University Regulations – some outstanding appeals - injunction sought to enable student to progress to third year of study – medical degree – third year involving clinical placements – rights under Regulations and Appeals Policy whilst appeals pending – whether those rights extend to judicial review proceedings – whether student shows serious question to be tried – where balance of convenience lies – injunction refused Cases Cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Clark v University of Lincolnshire and Humberside [2000] 1 WLR 1988 Harding v University of New South Wales [2002] NSWSC 113 Harding v University of New South Wales [2002] NSWCA 325 Category: Procedural and other rulings Parties: Christina King (Plaintiff) The University of Notre Dame (Defendant) Representation: Counsel: Christina King (In person) (Plaintiff) S Fitzpatrick (Defendant)