Hassan v Hume & Anor

[2005] HCATrans 342

[2005] HCATrans 342

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P55 of 2004

B e t w e e n -

GHALI HASSAN

Applicant

and

PROFESSOR RORY HUME (UNIVERSITY OF NSW)

First Respondent

PROFESSOR JAMES McWHA (UNIVERSITY OF ADELAIDE)

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 26 MAY 2005, AT 9.22 AM

Copyright in the High Court of Australia

GLEESON CJ:   The applicant is a former doctoral student who was studying optometry at the University of New South Wales (“UNSW”) under a scholarship.  On 23 April 2002, UNSW cancelled the enrolment and scholarship for failure of the applicant to disclose on his application to UNSW his prior enrolments with other Australian universities where he had not completed his degrees.

An application to the Federal Magistrates Court under s 46PO of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) was dismissed as disclosing no reasonable cause of action. An appeal to the Federal Court (French J) was dismissed. French J gave detailed reasons for concluding that the Federal Magistrates Court had been correct in concluding that the claim was so obviously untenable that it could not succeed.

There are no prospects of demonstrating error in the judgment of the Federal Court or any denial of procedural fairness by the Federal Court.  Special leave is refused with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing with costs this application for special leave.

AT 9.23 AM THE MATTER WAS CONCLUDED