Harding v. University of New South Wales [2002] NSWCA 325

Harding v. University of New South Wales [2002] NSWCA 325

Although the University of New South Wales did not comply with the undertaking it had given as to the manner of considering the claimant's application, and thus the claimant succeeded on that complaint, there was no utility in granting coercive or declaratory relief at this late stage, as the underlying academic year was nearly complete and enforcement would serve no practical result. The appropriate outcome reflecting both substantive success and failure to obtain practical relief was to dismiss the appeal with no order as to costs.

Jurisdiction
Australia
Judgment Date
25 September 2002
Procedural Posture
Appeal / Decision on Appeal From Supreme Court Common Law Division
Outcome
Appeal dismissed
Legal Topics
['review of Administrative Tribunal Decisions' 'university Admissions' 'undertakings by Tribunals' 'remedies for Non Compliance With Undertakings' 'final Vs Interlocutory Appeals']
['administrative Law' 'procedure'] ['review of Administrative Tribunal Decisions' 'university Admissions' 'undertakings by Tribunals' 'remedies for Non Compliance With Undertakings' 'final Vs Interlocutory Appeals']

Case Brief

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Procedural Posture

Appeal / Decision on Appeal From Supreme Court Common Law Division

Legal Issues

  1. 1 ["Whether the University of New South Wales properly complied with an undertaking to consider the claimant's application on particular bases for enrolment in 2002" 'Whether the court should grant coercive relief or a declaration if an undertaking is not complied with' 'Whether the decision under appeal was final or interlocutory for appeal rights' 'Whether there was any utility in the grant of declaratory relief' "Whether the administrative committee's decision was unreasonable or denied procedural fairness"]

Ratio Decidendi

Although the University of New South Wales did not comply with the undertaking it had given as to the manner of considering the claimant's application, and thus the claimant succeeded on that complaint, there was no utility in granting coercive or declaratory relief at this late stage, as the underlying academic year was nearly complete and enforcement would serve no practical result. The appropriate outcome reflecting both substantive success and failure to obtain practical relief was to dismiss the appeal with no order as to costs.

Court Disposition

Appeal dismissed

Orders

  • ['Extends the time for filing the Summons for Leave to Appeal to 13 May 2002' 'To the extent necessary, grants leave to appeal' 'Dismisses the appeal' 'Makes no order as to the costs of the appeal']