Supreme Court allows appeal from High Court, and sets aside an injunction restraining a school from excluding a student pending an appeal concerning allegations of bullying, on the grounds that the injunction had been granted ex parte, and effectively reversing the burden of proof, and without proper consideration of the school's right to fair procedures
Hogan J (nem diss): Supreme Court, judicial review, interim order, ex parte injunction, expulsion, student, section 29 appeal, Education Act 1998, fair procedures, balance of convenience, public interest, school autonomy, mandatory injunction, procedural fairness, serious misconduct, statutory appeal process, rights and interests.
(Concurring judgments by Collins J and O'Donnell CJ.)