Equity: Kennedy v Boyle

Abstract

The actions that led to this particular case hit the national headlines, and its resulting judgment has been subject to much scrutiny (see for example M B Rodriguez Ferrez “School Disciplinary Decisions, Judicial Review and Interim Relief” NZLJ June 2015 178-181), so commentary on this case in relation to the issue of interim injunctions is undoubtedly of interest. The background to this case is that 10 students of St Bede’s College, Christchurch, were selected to compete in the Maadi Cup, a national rowing regatta, at Lake Karapiro in the Waikato. At Auckland airport, two students, Jack Bell and Jordan Kennedy, rode, without authorisation, on the baggage carousel in to the secure baggage area. The boys were spoken to by the police and security offices, with no further action being taken. The Rector of the College, Justin Boyle, decided to suspend the two boys, and required them to return to Christchurch. This prevented the boys from being considered for selection in trials for the national rowing team.