› decision by a university thesis supervisor not to certify that a doctoral thesis met the University’s preparation requirement that the thesis was the student’s “own work”
› findings of an investigatory panel into allegations of plagiarism against the student taken into account
› not an exercise of public power
› impermissible merits review
Administrative Law
› legal unreasonableness
› whether the “non-certification decision” and the panel’s findings were legally unreasonable
› Briginshaw standard did not apply
› inferences made were reasonably open and logically available
› not legally unreasonable
› no irrelevant consideration
› no apprehended bias
› no impermissible fetter of discretion or subjugation of state of satisfaction
Contracts
› implied terms
› parties agreed to be bound by the University’s By-laws and Rules
› no term that the parties also agreed to be bound by the University’s Code, Policy and Procedure should be implied
Contracts
› legal unreasonableness
› alleged failure to exercise a unilateral contractual discretion reasonably
› “non-certification decision” not legally unreasonable
Case Details
Citation[2019] NSWSC 1026
CourtNSWSC
JurisdictionNew South Wales
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