"X" v University of Western Sydney (No 4) [2013] NSWSC 1334

"X" v University of Western Sydney (No 4) [2013] NSWSC 1334

Leave to discontinue the damages claim was granted as it was not particularised or supported by a pleading; the summons was otherwise dismissed. Plaintiff was awarded costs as the principal issue—his suspension—was determined in his favour. Interim suppression orders were replaced by final suppression orders tailored to protect specified confidential information under the grounds established in s 8(1)(a), (d), and (e) of the Act.

Parties
Plaintiff: "X"; Defendant: University of Western Sydney
Jurisdiction
Australia
Judgment Date
16 September 2013
Procedural Posture
Consequential Orders / Final Orders Following Principal Judgment
Outcome
Proceedings otherwise dismissed; defendant to pay plaintiff's costs; interim suppression order discharged; final suppression orders made.
Legal Topics
Orders, Discontinuance, Costs, Suppression Orders
Common Law Orders Discontinuance Costs Suppression Orders

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 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

"X"

Plaintiff

University of Western Sydney

Defendant

Procedural Posture

Consequential Orders / Final Orders Following Principal Judgment

Legal Issues

  1. 1 Whether leave to discontinue part of the plaintiff's claim should be granted
  2. 2 Whether costs should be awarded to the plaintiff
  3. 3 Whether interim suppression orders should continue or be replaced with final suppression orders and their extent

Ratio Decidendi

Leave to discontinue the damages claim was granted as it was not particularised or supported by a pleading; the summons was otherwise dismissed. Plaintiff was awarded costs as the principal issue—his suspension—was determined in his favour. Interim suppression orders were replaced by final suppression orders tailored to protect specified confidential information under the grounds established in s 8(1)(a), (d), and (e) of the Act.

Court Disposition

Proceedings otherwise dismissed; defendant to pay plaintiff's costs; interim suppression order discharged; final suppression orders made.

Orders

  • Grant leave to the Plaintiff to discontinue that part of his summons which seeks damages.
  • Order that the summons otherwise be dismissed.