SPAUTZ v KIRBY [1989] NSWCA 190

SPAUTZ v KIRBY [1989] NSWCA 190

No reasonable argument was open that breaches of statutory duties or university by-laws gave rise to private rights of action for damages against an individual committee member; similarly, the facts pleaded did not constitute misfeasance in public office as no intent or malice was alleged.

Parties
Claimant: Dr ME Spautz; Respondent: Mr Justice Michael Kirby
Jurisdiction
Australia
Judgment Date
09 August 1989
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision
Outcome
Leave to appeal refused by majority; application dismissed
Legal Topics
Breach of Statutory Duty, Misfeasance in Public Office, Rules of Natural Justice, University Governance
Administrative Law Tort Law Breach of Statutory Duty Misfeasance in Public Office Rules of Natural Justice University Governance

Case Brief

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Parties

Dr ME Spautz

Claimant

Mr Justice Michael Kirby

Respondent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether breaches of duties imposed by the University of Newcastle Act and By-Laws give rise to a private right of action for damages
  2. 2 Whether misfeasance in public office is made out against the respondent as chairman of a university committee

Ratio Decidendi

No reasonable argument was open that breaches of statutory duties or university by-laws gave rise to private rights of action for damages against an individual committee member; similarly, the facts pleaded did not constitute misfeasance in public office as no intent or malice was alleged.

Court Disposition

Leave to appeal refused by majority; application dismissed

Orders

  • Leave to appeal refused
  • Dr Spautz to pay respondent's costs