Chung v University of Sydney & Ors

The applicants, Mr. Chung and his wife, sought judicial review of decisions made by the University of Sydney and its Vice-Chancellor concerning the admission of their son to a medical program. The dispute centred on the University's refusal to grant their son an exemption from the English language proficiency requirement for admission, despite his completion of secondary education in Australia. The matter came before the High Court of Australia.

The primary legal issue before the High Court was whether the University's decision to refuse the exemption was affected by an error of law. Specifically, the applicants contended that the University had failed to take into account relevant considerations and had taken into account irrelevant considerations when assessing their son's eligibility for an exemption. They argued that the University's interpretation and application of its own admission policies were legally flawed.

Gaudron and McHugh JJ found that the University's decision-making process was not vitiated by an error of law. Their Honours reasoned that the University had acted within its statutory powers and had applied its admission policies in a manner that was open to it. The Court held that the University was entitled to interpret its own policies and that its refusal to grant an exemption, based on its interpretation of the English language proficiency requirement, did not constitute an error of law. The Court emphasised that judicial review was concerned with the legality of the decision-making process, not with substituting the court's own view for that of the decision-maker.

The High Court dismissed the application for judicial review.