Nandutu v The University of Sydney [2017] NSWSC 509

Supreme Court New South Wales

Medium Neutral Citation: Nandutu v The University of Sydney [2017] NSWSC 509 Hearing dates: 10 April 2017 Date of orders: 03 May 2017 Decision date: 03 May 2017 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: (1) Leave to file the proposed Amended Statement of Claim annexed to the plaintiff's Affidavit of 23 March 2017, is refused. (2) The Notice of Motion filed 4 January 2017 is dismissed. (3) The plaintiff is not permitted to file an Amended Statement of Claim without the leave of the Court. (4) Should the plaintiff seek leave to file an Amended Statement of Claim, that application should be made on or before 31 August 2017. (5) The plaintiff is pay the costs of these proceedings, including the defendant's costs of opposing the Notice of Motion. Catchwords: PRACTICE AND PROCEDURE – application for leave to amend Statement of Claim – plaintiff was a PhD student in Faculty of Medicine – her candidature cancelled by defendant – plaintiff's appeal against cancellation dismissed – multiple claims – administrative law challenges to appeal process – allegations against defendant include breach of contract, breach of duty, misrepresentation and fraud – whether amendments are obviously futile so that leave to amend should be refused – embarrassing pleadings – leave to amend refused on pleading grounds – leave to re-plead granted but only with leave of the Court. Legislation Cited: Civil Procedure Act 2005 (NSW) – s 56 Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; 239 CLR 175 Charlie Carter Pty Ltd v The Shop, Distributive and Allied Employees Association of Western Australia (1987) 13 FCR 413 Horton v Jones (No 2) (1939) 39 SR(NSW) 305 Ingot Capital Investments Pty Ltd v Macquarie Equity Capital Markets Ltd [2008] NSWCA 206; 73 NSWLR 653 McGuirk v The University of New South Wales [2009] NSWSC 1424 National Australia Bank Ltd v Skoczek and Ors [2016] NSWSC 1765 Northam v Favelle Favco Holdings Pty Ltd (Supreme Court (NSW), Bryson J, 7 March 1995, unrep) Category: Procedural and other rulings Parties: Susan Nandutu – Plaintiff The University of Sydney – Defendant Representation: Counsel: Plaintiff in Person B Tronson – Defendant