Kathryn Brennand v Maureen Hartung

Kathryn Brennand sought judicial review of a decision by Maureen Hartung, as the principal of a non-government school, which led to the expulsion of Brennand's child from the school. The case was brought before the court under the Administrative Decisions (Judicial Review) Act 1989, focusing on whether the principal's decision was made under an enactment and therefore reviewable. Additionally, Brennand applied for an extension of time to lodge the review application, which was initially out of time.

The court had to determine whether the principal's decision was made under the Education Act 2004 and hence reviewable. Furthermore, the court had to consider the principles governing the extension of time for filing a review application and whether the respondent's application to strike out should be granted, with particular attention to the prospects of success. The court concluded that the decision was not reviewable, and the application for extension of time was denied, leading to the dismissal of the application.

The court dismissed the plaintiff's applications for review and prerogative relief, as well as her application for an extension of time under the Administrative Decisions (Judicial Review) Act 1989. The proceedings were ordered to continue as if they had been commenced by an originating claim. Brian Jonathan Naughton was joined as a plaintiff with effect from 12 April 2012, and the plaintiff was required to file and serve a statement of claim by 7 September 2012. The case was then listed for further directions on 14 September 2012.