Kraus v Menzie [2012] FCAFC 144

FEDERAL COURT OF AUSTRALIA

Kraus v Menzie [2012] FCAFC 144 Citation: Kraus v Menzie [2012] FCAFC 144

Appeal from: Kraus v Menzie [2012] FCA 3

Parties: JADE XAVIER KRAUS v MARK MENZIE and THE TRUCK FACTORY PTY LTD

File number: SAD 25 of 2012

Judges: RARES, MCKERRACHER AND MURPHY JJ

Date of judgment: 12 October 2012

Catchwords: HUMAN RIGHTS – sexual harassment – discrimination APPEAL AND NEW TRIAL – whether primary judge erred in not ordering particularisation of sexual relationship - whether finding of fact regarding sexual intercourse was made in error and against the weight of evidence – whether credibility findings were made in error – whether primary judge rejected appellant's evidence not challenged in cross examination – whether primary judge was required to accept the appellant's evidence not challenged in cross examination - whether primary judge erred in assessing psychiatric evidence – whether primary judge erred in failing to find that conduct constituting sexual harassment also constituted discriminatory conduct

Legislation: Sex Discrimination Act 1984 (Cth)

Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 Allied Pastoral Holdings Pty Ltd v Commissioner of Taxation [1983] 1 NSWLR 1 Australian Securities and Investments Commission v Hellicar (2012) 86 ALJR 522; 286 ALR 501 Browne v Dunn (1893) 6 R 67 Devries v Australian National Railways Commission (1993) 177 CLR 472 Fox v Percy (2003) 214 CLR 118 Hogan v Australian Crime Commission (2010) 240 CLR 651 Jones v Dunkel (1959) 101 CLR 298 Warren v Coombes (1979) 142 CLR 531 Williams v Dawson [2000] WASCA 205