Griffith University v Tang

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, CALLINAN AND HEYDON JJGRIFFITH UNIVERSITY   APPELLANTANDVIVIAN TANG  RESPONDENTGriffith University v Tang [2005] HCA 73 March 2005B19/2004ORDER1.        Appeal allowed. 2.Set aside the order of the Court of Appeal of the Supreme Court of Queensland made on 19 December 2003 and in its place order: (a)the appeal to that Court is allowed; (b)set aside the orders of the Supreme Court of Queensland (Mackenzie J) made on 14 February 2003 and in their place order that the application for a statutory order of review is dismissed;(c)the University pay the costs of the appeal to the Court of Appeal;(d)the question of the costs of the application before Mackenzie J is remitted to the Supreme Court of Queensland. 3.The appellant pay the respondent's costs of the appeal to this Court. On appeal from the Supreme Court of QueenslandRepresentation:P A Keane QC with S E Brown for the appellant (instructed by Minter Ellison)A J H Morris QC with J P Murphy for the respondent (instructed by Dibbs Barker Gosling)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSGriffith University v TangAdministrative law – Judicial review – Exclusion of respondent from PhD candidature programme conducted by appellant – Where appellant is a body created by statute – Power of appellant to function as a university and to confer higher education awards derived from statute – Whether exclusion was a decision to which the Judicial Review Act 1991 (Q) applied...