Griffiths v Secretary of the NSW Department of Education; Dennaoui v Secretary of the NSW Department of Education [2017] NSWSC 1012

Supreme Court New South Wales

Medium Neutral Citation: Griffiths v Secretary of the NSW Department of Education; Dennaoui v Secretary of the NSW Department of Education [2017] NSWSC 1012 Hearing dates: 31 July 2017 Date of orders: 31 July 2017 Decision date: 31 July 2017 Jurisdiction: Common Law Before: Adamson J Decision: In proceedings 2017/164805 and 2017/164816:

(1) Order that proceedings 2017/164805 and 2017/164816 be heard together and that the evidence in one proceeding be evidence in the other, pursuant to r 28.5 of the Uniform Civil Procedure Rules 2005 (NSW).

(2) Order that the proceedings be adjourned to 20 October 2017 for mention before me at 9.15am.

(3) Reserve the costs of the defendant's notice of motion filed on 13 June 2017.

(4) Grant liberty to apply on 3 days' notice.

In proceedings 2017/164805:

(5) Note the defendant's undertaking that the position of Principal, Punchbowl Boys High School will not be permanently filled until the final determination of this proceeding (2017/164805) or until further order of this Court.

In proceedings 2017/164816:

(6) Note the defendant's undertaking that the position of Deputy Principal, Punchbowl Boys High School will not be permanently filled until the final determination of this proceeding (2017/164816) or until further order of this Court. Catchwords: PRACTICE AND PROCEDURE – adjournment application – question of legality of transfer under s 51A of Teaching Service Act 1980 (NSW) which was effected prior to giving of direction as a result of disciplinary investigation – whether proceedings may be of limited utility – where disciplinary investigation ongoing – whether public interest in resolving construction of s 51A ought override matters in favour of adjournment – HELD – adjournment desirable in the interests of justice as factual questions, including discretionary matters relevant to whether declaration ought be granted, could be affected by outcome of disciplinary investigation ­– public interest in early determination of pure question of construction does not override factors in favour of granting adjournment Legislation Cited: Civil Procedure Act 2005 (NSW), Part 6, s 58 Teaching Service Act 1980 (NSW), s 51A, Pt 4A Uniform Civil Procedure Rules 2005 (NSW), rr 28.5, 59.10 Category: Procedural and other rulings Parties: Christopher Griffiths (Plaintiff) Joumana Dennaoui (Plaintiff) Secretary of the New South Wales Department of Education (Defendant) Representation: Counsel: C Howell (Plaintiffs) R Lancaster SC/M Easton (Defendant)