Vanessa Mason, a Trinidad and Tobago national, was informed by letter dated December 5, 2008 that she was to vacate the hall by December 22, 2008, pending further investigation.

Mason was allegedly involved in a dispute with another student. The issue was not resolved between Mason and the university and the letter was subsequently sent to her, pointing out that she had missed appointment for a hearing. The letter also stated that she was invited to attend a meeting with the Hall Disciplinary Committee for a rehearing but she did not attend. She was, however, represented by a lawyer, who said she was attending the meeting in the capacity as "a friend".

Unacceptable behaviour

It was disclosed in the letter that the meeting was aborted on account of unacceptable behaviour displayed by the lawyer. The letter further stated that based on the advice of the campus legal officer, "it is agreed that you vacate the hall as of Monday, December 22, 2008, pending further investigation of this matter".

Mason filed a suit in the Supreme Court seeking damages against the university for breach of contract, specific performance and other remedies. She also sought an injunction to prevent the university from expelling her from the hall. Mason said the university had agreed to provide accommodation in the Mary Seacole Hall from August 2008 to May 2009.

Preliminary objection

Attorneys-at-law Christopher Kelman and Lisa Russell, who are representing the university, took a preliminary objection to an injunction being granted when the matter came before Supreme Court judge Roy Anderson last month. The lawyers argued that an injunction should not be granted against the university because damages were adequate remedy.

Attorney-at-law Fara Brown, who is representing Mason, in responding to the preliminary objection, cited legal authorities and asked the judge to grant the injunction.

The judge, in upholding the preliminary objection, said to grant the injunction would be to give specific performance of the contract. He said he accepted the submissions by the university's lawyers that damages would be an adequate remedy if Mason succeeded in her claim.

Mason is appealing the judge's ruling.

barbara.gayle@gleanerjm.com