LH v Al Faisal College Limited [2022] NSWSC 1480

LH v Al Faisal College Limited [2022] NSWSC 1480

The Court refused interlocutory relief because, although there was a serious question to be tried that the Behaviour Management Policy was incorporated into the enrolment contract, the plaintiff did not establish a prima facie case that the College failed to give details of the Student's conduct or a reasonable opportunity to respond before deciding not to offer enrolment beyond Term 3. The evidence showed that the Mother had been told verbally and in writing over several months about major incidents, probation, contravention of probation, suspension, review of enrolment and possible consequences, and had the opportunity to address the Executive Principal at the 12 September 2022 meeting....

Jurisdiction
Australia
Judgment Date
31 October 2022
Procedural Posture
Equity Proceeding Seeking Interlocutory Injunction and Final Contractual Relief Concerning Termination of a Student's Enrolment at a Private School / Interlocutory Application in the Equity Duty List
Outcome
Application for interlocutory relief refused.
Legal Topics
['interlocutory Injunction' 'termination of School Enrolment' 'private School Enrolment Contract' 'procedural Fairness in Contractual Decision Making' 'serious Question to Be Tried' 'balance of Convenience']
['equity' 'contract Law' 'education Law' 'civil Procedure'] ['interlocutory Injunction' 'termination of School Enrolment' 'private School Enrolment Contract' 'procedural Fairness in Contractual Decision Making' 'serious Question to Be Tried' 'balance of Convenience']

Case Brief

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Procedural Posture

Equity Proceeding Seeking Interlocutory Injunction and Final Contractual Relief Concerning Termination of a Student's Enrolment at a Private School / Interlocutory Application in the Equity Duty List

Legal Issues

  1. 1 ["Whether the plaintiff established a prima facie case that the College breached the enrolment contract by failing to provide details of the Student's conduct that may result in exclusion and a reasonable opportunity to respond before terminating enrolment." 'Whether the Behaviour Management Policy was arguably incorporated into the enrolment contract.' 'Whether interlocutory relief should be granted where it would likely finally resolve the practical controversy because Term 4 would likely end before final hearing.' 'Whether the balance of convenience and discretionary factors favoured restraining the College from enforcing the termination of enrolment.']

Ratio Decidendi

The Court refused interlocutory relief because, although there was a serious question to be tried that the Behaviour Management Policy was incorporated into the enrolment contract, the plaintiff did not establish a prima facie case that the College failed to give details of the Student's conduct or a reasonable opportunity to respond before deciding not to offer enrolment beyond Term 3. The evidence showed that the Mother had been told verbally and in writing over several months about major incidents, probation, contravention of probation, suspension, review of enrolment and possible consequences, and had the opportunity to address the Executive Principal at the 12 September 2022 meeting....

Court Disposition

Application for interlocutory relief refused.

Orders

  • ["The plaintiff's claim for interlocutory relief, as claimed in prayers 5, 6, 7 and 8 of her notice of motion filed on 7 October 2022, be dismissed." "Unless a party makes an application for a different costs order within 14 days, the plaintiff is to pay the defendant's costs of the interlocutory application on the...