Huang v University of New South Wales (No 2)[2006] FCA 596

Huang v University of New South Wales (No 2)[2006] FCA 596

The material sought to be adduced by the applicant as fresh evidence was either irrelevant or of no probative value, and would not have affected the result if tendered at trial or on appeal; accordingly, the discretion under s 27 Federal Court of Australia Act was exercised to reject the application.

Parties
Applicant: Hong Cui Huang; First Respondent: University of New South Wales; Second Respondent: Boban Markovic; Third Respondent: Chris Winder; Fourth Respondent: Chaminda Abayawickrama; Fifth Respondent: Fuchun Xiao
Jurisdiction
Australia
Judgment Date
31 March 2006
Procedural Posture
Appeal / Application to Adduce Fresh Evidence on Appeal
Outcome
Application dismissed
Legal Topics
Adducing Fresh Evidence on Appeal, Discretion Under S 27 Federal Court of Australia Act, Sexual Harassment Allegations
Evidence Appeals Adducing Fresh Evidence on Appeal Discretion Under S 27 Federal Court of Australia Act Sexual Harassment Allegations

Case Brief

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Parties

Hong Cui Huang

Applicant

University of New South Wales

First Respondent

Boban Markovic

Second Respondent

Chris Winder

Third Respondent

Chaminda Abayawickrama

Fourth Respondent

Fuchun Xiao

Fifth Respondent

Procedural Posture

Appeal / Application to Adduce Fresh Evidence on Appeal

Legal Issues

  1. 1 Whether applicant should be permitted to adduce fresh evidence on appeal
  2. 2 Whether the material tendered satisfies the criteria for admission of fresh evidence
  3. 3 Whether alleged errors in the conduct of the trial warrant reception of further evidence

Ratio Decidendi

The material sought to be adduced by the applicant as fresh evidence was either irrelevant or of no probative value, and would not have affected the result if tendered at trial or on appeal; accordingly, the discretion under s 27 Federal Court of Australia Act was exercised to reject the application.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.