Manny v University of Canberra (No 2)

The case of Manny v University of Canberra (No 2) involved an interlocutory application for summary judgment. The plaintiff, Manny, sought summary judgment against the defendant, the University of Canberra. The dispute arose from claims made by the plaintiff regarding alleged breaches of contract and associated damages. The matter was before the Supreme Court of the Australian Capital Territory.

The primary legal issues before the court were whether the defendant had a good defence on the merits and whether the plaintiff had raised an arguable cause of action. The court had to determine if there was any arguable basis for the plaintiff’s claims and if the plaintiff had a valid case that warranted proceeding to a full trial.

The court examined the evidence and submissions presented by both parties and concluded that there was no arguable basis for any of the plaintiff's claims. The court found that the plaintiff had not presented a viable cause of action and, therefore, the defendant had a strong defence on the merits. As a result, the court ordered the summary dismissal of the proceeding. The amended originating claim and amended statement of claim were both struck out, and the proceeding was dismissed with the plaintiff to pay the defendant’s costs. Additionally, the court dismissed the extant application filed by the plaintiff on 3 August 2023.