Huang v University of New South Wales [2008] FCA 1930

Huang v University of New South Wales [2008] FCA 1930

Ms Huang did not establish, on the evidence, that the conduct of the respondents amounted to sexual harassment, racial discrimination, disability discrimination, or victimisation. The academic requirements and supervision were applied reasonably and not based on her sex, origin, or disability. Ample procedural fairness was afforded.

Parties
Appellant: Hong Cui Huang; First Respondent: University of New South Wales; Second Respondent: Boban Markovic; Third Respondent: Chris Winder
Jurisdiction
Australia
Judgment Date
18 December 2008
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Sexual Harassment, Racial Discrimination, Disability Discrimination, Victimisation, Procedural Fairness
Discrimination Law Sexual Harassment Racial Discrimination Disability Discrimination Victimisation Procedural Fairness

Case Brief

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Parties

Hong Cui Huang

Appellant

University of New South Wales

First Respondent

Boban Markovic

Second Respondent

Chris Winder

Third Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there was sexual harassment under s 28A of the Sex Discrimination Act 1984 (Cth)
  2. 2 Whether there was racial discrimination under ss 9, 18A of the Racial Discrimination Act 1975 (Cth)
  3. 3 Whether there was disability discrimination under ss 5, 6 of the Disability Discrimination Act 1992 (Cth)

Ratio Decidendi

Ms Huang did not establish, on the evidence, that the conduct of the respondents amounted to sexual harassment, racial discrimination, disability discrimination, or victimisation. The academic requirements and supervision were applied reasonably and not based on her sex, origin, or disability. Ample procedural fairness was afforded.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the respondents' costs.