Alajmi v Macquarie University [2019] NSWSC 1026

Alajmi v Macquarie University [2019] NSWSC 1026

The University's 'non-certification decision' and Final Report were not exercises of statutory or public power amenable to judicial review. The core disputes involved academic judgment, not suitable for judicial determination. There was no legal unreasonableness or procedural unfairness demonstrated in the University's decisions. University policies and procedures were not incorporated as contractual terms, nor was there a basis for implying them. No estoppel arose, as the elements for either estoppel by convention or by representation were not satisfied. The summons was therefore dismissed.

Parties
Plaintiff: Sharaf Alajmi; Defendant: Macquarie University
Jurisdiction
Australia
Judgment Date
15 August 2019
Procedural Posture
Civil (judicial Review / Contract / Estoppel) / Final Judgment at First Instance
Outcome
Summons dismissed; costs to defendant
Legal Topics
Judicial Review—reviewability and Justiciability; Academic Judgement; Statutory Power; University Disciplinary Processes; Implied Terms in Contract; Estoppel by Convention; Estoppel by Representation; Legal Unreasonableness; Procedural Fairness
Administrative Law Contract Law Equity/estoppel Judicial Review—reviewability and Justiciability; Academic Judgement; Statutory Power; University Disciplinary Processes; Implied Terms in Contract; Estoppel by Convention; Estoppel by Representation; Legal Unreasonableness; Procedural Fairness

Case Brief

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Parties

Sharaf Alajmi

Plaintiff

Macquarie University

Defendant

Procedural Posture

Civil (judicial Review / Contract / Estoppel) / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the university's 'non-certification decision' and Final Report are amenable to judicial review;
  2. 2 Whether academic judgment is justiciable;
  3. 3 Whether there was legal unreasonableness in the decisions;

Ratio Decidendi

The University's 'non-certification decision' and Final Report were not exercises of statutory or public power amenable to judicial review. The core disputes involved academic judgment, not suitable for judicial determination. There was no legal unreasonableness or procedural unfairness demonstrated in the University's decisions. University policies and procedures were not incorporated as contractual terms, nor was there a basis for implying them. No estoppel arose, as the elements for either estoppel by convention or by representation were not satisfied. The summons was therefore dismissed.

Court Disposition

Summons dismissed; costs to defendant

Orders

  • Summons dismissed.
  • Plaintiff to pay the costs of the defendant as agreed or assessed.