Griffith University v Tang [2005] HCA 7

Griffith University v Tang [2005] HCA 7

The decision by Griffith University to exclude the respondent from the PhD programme was not made under the Griffith University Act in the sense required by the Judicial Review Act 1991 (Qld) because it did not affect legal rights or obligations arising from the statute but merely terminated a voluntary relationship; therefore, it is not reviewable under that Act.

Parties
Appellant: Griffith University; Respondent: Vivian Tang
Jurisdiction
Australia
Judgment Date
03 March 2005
Procedural Posture
Appeal / Final Judgment in the High Court of Australia
Outcome
Appeal allowed; orders of lower courts set aside; application for statutory order of review dismissed
Legal Topics
Judicial Review, Statutory Interpretation, Universities, Standing, Procedural Fairness, Legality of Exclusion From Academic Programme
Administrative Law Judicial Review Statutory Interpretation Universities Standing Procedural Fairness Legality of Exclusion From Academic Programme

Case Brief

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Parties

Griffith University

Appellant

Vivian Tang

Respondent

Procedural Posture

Appeal / Final Judgment in the High Court of Australia

Legal Issues

  1. 1 Whether Griffith University's decision to exclude the respondent from the PhD programme was a decision 'made under an enactment' for the purposes of the Judicial Review Act 1991 (Qld)
  2. 2 Whether the Review Act applied to the University's decision and permitted access to statutory judicial review
  3. 3 What constitutes a decision of an administrative character made under an enactment

Ratio Decidendi

The decision by Griffith University to exclude the respondent from the PhD programme was not made under the Griffith University Act in the sense required by the Judicial Review Act 1991 (Qld) because it did not affect legal rights or obligations arising from the statute but merely terminated a voluntary relationship; therefore, it is not reviewable under that Act.

Court Disposition

Appeal allowed; orders of lower courts set aside; application for statutory order of review dismissed

Orders

  • Order of the Court of Appeal of the Supreme Court of Queensland dated 19 December 2003 set aside; appeal to that Court is allowed
  • Orders of the Supreme Court of Queensland (Mackenzie J) made on 14 February 2003 set aside; application for statutory order of review is dismissed