Harding v The University of New South Wales

Harding appealed to the New South Wales Court of Appeal against the decision of a single judge of the Supreme Court of New South Wales, which had dismissed his claim for damages for breach of contract against The University of New South Wales. The dispute concerned the University's alleged failure to provide Harding with a proper academic program and supervision during his postgraduate studies, leading to his withdrawal from the course.

The Court of Appeal was required to determine whether the University had breached its contractual obligations to Harding by failing to provide a suitable academic program and adequate supervision, and if so, whether this breach caused Harding loss. The court also considered the nature of the contractual relationship between a university and its postgraduate students, and the extent of the university's duty of care in providing academic guidance.

The Court of Appeal found that while a university has a contractual obligation to provide a course of study and supervision, this obligation is not an absolute guarantee of success or a promise that the student will complete the course. The court held that the University had not breached its contract by failing to provide a proper academic program or supervision, as the evidence did not establish that the University's actions fell below the standard of reasonable care expected in such circumstances. The court emphasised that the student bears a significant responsibility for their own academic progress and that the University's role is to provide the framework and resources for study, not to ensure completion.

The appeal was dismissed.