Huang v University of New South Wales [2014] FCA 1337

FEDERAL COURT OF AUSTRALIA

Huang v University of New South Wales [2014] FCA 1337 Citation: Huang v University of New South Wales [2014] FCA 1337

Appeal from: Huang v University of New South Wales [2014] FCCA 644

Parties: HONG HUI HUANG v UNIVERSITY OF NEW SOUTH WALES and FUCHUN XIAO

File number: NSD 420 of 2014

Judge: PERRY J

Date of judgment: 8 December 2014

Catchwords: PRACTICE AND PROCEDURE – Where application for adjournment of summary dismissal application is made on medical grounds – Where no evidence as to when, if ever, medical condition might improve – Where failure to demonstrate any utility in granting adjournment – Where application sought to allow pursuit of recent and unrelated WorkCover claim – Public interest in timely disposition of matters before the Court – Obligation to ensure fair trial for all parties – Where no merit in grounds of appeal. PRACTICE AND PROCEDURE – Appeal incompetent – Grounds of appeal unrelated to judgment below – Grounds of appeal incomprehensible – Attempt to re-agitate issues determined adversely in earlier appeal – Procedural fairness requires only provision of opportunity to be heard – No reasonable prospect of success. PRACTICE AND PROCEDURE – Inappropriateness of making unfounded allegations as to apprehended bias and perjury.

Legislation: Civil Liability Act 2002 (NSW) Disability Discrimination Act 1992 (Cth) Federal Court of Australia Act 1976 (Cth), ss 25(2B)(aa), 31A(2), 56 Federal Court Rules 2011, rr 4.12, 36.01, 36.09, 36.72 Human Rights and Equal Opportunity Commission Act 1986 (Cth), ss 46PA, 46PH(1)(b), 46PO(3) Racial Discrimination Act 1975 (Cth) Sex Discrimination Act 1984 (Cth) ss 28A, 28B, 28F, 94, 106 Trade Practices Act 1974