Chand v Rail Corporation of NSW (No 2)

The proceedings in Chand v Rail Corporation of NSW (No 2) involved the appellant, Ms Chand, and the respondent, the Rail Corporation of New South Wales. Ms Chand had filed complaints of sexual harassment and victimisation against a colleague, Mr Hinien. The case was before the court on an appeal, and the primary focus was on the merits of her complaints against Mr Hinien, as well as the credibility of the witnesses involved. The court was tasked with determining whether the lower court's findings on these matters were correct.

The legal issues before the court were whether the appeal could extend to the merits of the sexual harassment and victimisation complaints, and whether the court should revisit the findings previously made regarding the credibility of the witnesses. The court needed to consider whether the lower court had properly assessed the evidence and whether there was any error in the conclusions reached about the credibility of the witnesses. Additionally, the court had to determine whether the appeal was limited to procedural issues or if it could encompass the substantive merits of the case.

The court found that the appeal was limited to the procedural aspects of the case and did not extend to the merits of the sexual harassment and victimisation complaints. The court held that the lower court had correctly assessed the evidence and made appropriate findings regarding the credibility of the witnesses. The court emphasised that revisiting the credibility findings would be inappropriate and that the appeal was confined to procedural matters. Consequently, the complaints of sexual harassment and victimisation were dismissed, as the court found no error in the lower court's handling of the case.

The orders of the court were that the complaint of sexual harassment against Mr Hinien was dismissed and that the complaint of victimisation was also dismissed. The court upheld the lower court's findings and did not allow the appeal to extend to the merits of the case.