Soliman v University of Technology Sydney & Anor

The applicant, Mr Soliman, brought proceedings in the Supreme Court of New South Wales against the University of Technology Sydney and its Vice-Chancellor, alleging breach of contract and seeking an order for specific performance. The dispute concerned the University's decision to terminate Mr Soliman's employment as a senior lecturer. Mr Soliman contended that the University had breached its contractual obligations by failing to follow its own policies and procedures when making the decision to terminate his employment.

The central legal issue before the High Court was whether the University's decision to terminate Mr Soliman's employment was vitiated by a failure to observe the rules of procedural fairness. Specifically, the court considered whether the University was contractually bound to follow its internal policies and procedures in making such a decision, and if so, whether a failure to do so constituted a breach of contract that would warrant an order for specific performance.

Gageler J, delivering the judgment of the High Court, held that while the University's policies and procedures were relevant to the exercise of its contractual discretion, they did not impose legally enforceable obligations that could be characterised as a breach of contract. His Honour reasoned that the University retained a contractual right to terminate Mr Soliman's employment, provided that the decision was made in good faith and for a purpose for which the power was conferred. The court found that the University's decision was not vitiated by a failure to observe procedural fairness in a manner that would amount to a breach of contract. Consequently, the High Court dismissed Mr Soliman's appeal.