GKY v University of NSW (No 2) [2024] NSWCATAD 312

GKY v University of NSW (No 2) [2024] NSWCATAD 312

The Tribunal found no prima facie case for the relief sought as the respondent was not attempting to terminate the applicant’s enrolment and disputes around entitlement to sick leave and related benefits were factual and legal questions reserved for the final hearing. The balance of convenience did not favour granting interim relief as any loss could be remedied by damages if the applicant succeeded ultimately.

Parties
Applicant: GKY; Respondent: University of New South Wales
Jurisdiction
Australia
Judgment Date
25 October 2024
Procedural Posture
Application for Interim/stay Order / Interlocutory Application – Dismissal of Stay/interim Relief
Outcome
Dismissed
Legal Topics
Race Discrimination, Victimisation, Interim Orders, Stay of Proceedings, Paid Sick Leave Entitlements in Education, Ph D Candidature, Status Quo Preservation
Human Rights Discrimination Law Education Law Civil Procedure Race Discrimination Victimisation Interim Orders Stay of Proceedings +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

GKY

Applicant

University of New South Wales

Respondent

Procedural Posture

Application for Interim/stay Order / Interlocutory Application – Dismissal of Stay/interim Relief

Legal Issues

  1. 1 Whether interim relief or a stay should be granted to preserve the applicant’s candidature and access to sick leave entitlements pending determination of the discrimination complaint
  2. 2 Whether the balance of convenience favors making interim orders sought by the applicant

Ratio Decidendi

The Tribunal found no prima facie case for the relief sought as the respondent was not attempting to terminate the applicant’s enrolment and disputes around entitlement to sick leave and related benefits were factual and legal questions reserved for the final hearing. The balance of convenience did not favour granting interim relief as any loss could be remedied by damages if the applicant succeeded ultimately.

Court Disposition

Dismissed

Orders

  • Application for a stay or interim order made on 30 September 2024 is dismissed.