Curtin v University of New South Wales

The plaintiff, Curtin, commenced proceedings against the University of New South Wales, alleging breach of the Australian Consumer Law, misleading or deceptive conduct, and engaging in conduct likely to mislead the public. The university sought to have the statutory claims dismissed on the basis that Curtin's activities were not in trade or commerce and the statutory claims were subject to a limitation period. The Federal Court was required to determine whether the statutory claims were justiciable.

The court held that Curtin's activities were not in trade or commerce as they were related to his role as a student and not as a trader or commercial enterprise. Furthermore, the statutory claims were subject to a limitation period, which had expired. The court found that the statutory claims were not justiciable and ordered their dismissal. The court also dismissed Curtin's common law claims for want of prosecution.

The university was successful in its application to have the statutory claims dismissed. The court held that Curtin's activities were not in trade or commerce and the statutory claims were subject to a limitation period, which had expired. The court dismissed Curtin's common law claims for want of prosecution. Curtin's application for leave to appeal was refused.