Mbuzi v Griffith University

Josiyas Mbuzi brought a claim against Griffith University after his candidature as a doctoral candidate was terminated. Mr Mbuzi alleged that the university had breached his constitutional rights, engaged in misleading and deceptive conduct, and breached the terms of a contract. The Federal Court was asked to determine the merits of Mr Mbuzi's claim as well as whether the proceedings were vexatious. The court was also asked to make orders under s 37AO of the Federal Court of Australia Act 1976 (Cth) prohibiting Mr Mbuzi from instituting proceedings against the university without leave of the court. Griffith University brought a cross-claim seeking orders under s 37AO of the Federal Court of Australia Act 1976 (Cth) prohibiting Mr Mbuzi from instituting proceedings against the university and its employees without leave of the Court. The university also sought an order for costs.

The court found that Mr Mbuzi's constitutional claims had no merit. The court found that there was no contract between Mr Mbuzi and the university in relation to the provision of supervisory services. The court also found that the university had not engaged in misleading or deceptive conduct. The court found that Mr Mbuzi's candidature was terminated because he was aggressive, impolite, and used offensive language. The court found that Mr Mbuzi's candidature was also terminated because he alienated staff members qualified to supervise his thesis, and no academic at the university was able or willing to supervise him. The court found that Mr Mbuzi's proceedings were vexatious and that he had a history of instituting proceedings for purposes of intimidation. The court found that the university had standing to bring its cross-claim.

The court dismissed Mr Mbuzi's amended originating application with costs. The court made orders prohibiting Mr Mbuzi from instituting any proceedings in any Registry of the Federal Court of Australia against Griffith University or any employee, officer, Council member or student of Griffith University without the leave of the Court. The court ordered that Mr Mbuzi pay the costs of the cross-claim filed by Griffith University.