Hu v Stansure Strata Pty Ltd [2014] FCA 779

Hu v Stansure Strata Pty Ltd [2014] FCA 779

The appeal was dismissed because the appellant failed to demonstrate any error in the judgment of the Federal Circuit Court. The trial judge's findings of fact regarding the credibility of witnesses and assessment of the evidence were properly open on the material before him, and no relevant error of law or miscarriage of justice was identified.

Parties
Appellant: Louise Hu; First Respondent: Stansure Strata Pty Ltd; Second Respondent: Margaret Holmes; Third Respondent: The Body Corporate for Jarrah Court CTS8533
Jurisdiction
Australia
Judgment Date
18 July 2014
Procedural Posture
Civil Appeal / Appeal Against Judgment of Federal Circuit Court
Outcome
appeal dismissed with costs
Legal Topics
Racial Discrimination, Jurisdictional Error, Appellate Standard of Review
Discrimination Law Appellate Procedure Racial Discrimination Jurisdictional Error Appellate Standard of Review

Case Brief

Summary, issues, holding and outcome

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Parties

Louise Hu

Appellant

Stansure Strata Pty Ltd

First Respondent

Margaret Holmes

Second Respondent

The Body Corporate for Jarrah Court CTS8533

Third Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment of Federal Circuit Court

Legal Issues

  1. 1 Whether the Federal Circuit Court erred in dismissing allegations of racial discrimination
  2. 2 Whether the primary judge failed to consider material evidence or submissions
  3. 3 Whether there was an error of law or miscarriage of justice

Ratio Decidendi

The appeal was dismissed because the appellant failed to demonstrate any error in the judgment of the Federal Circuit Court. The trial judge's findings of fact regarding the credibility of witnesses and assessment of the evidence were properly open on the material before him, and no relevant error of law or miscarriage of justice was identified.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal be dismissed.
  • The appellant pay the respondents' costs of and incidental to the appeal.