Chi v Technical and Further Education Commission (No 2)

In *Chi v Technical and Further Education Commission (No 2)*, the appellant sought an order recalling a judgment and setting aside earlier orders made by the Court of Appeal of New South Wales. The basis for this application was the appellant's assertion that the appeal had been decided on a ground on which they had not been heard.

The central legal issue before the court was whether the appellant had been denied procedural fairness by the Court of Appeal's decision being based on a ground not adequately argued. Specifically, the court had to consider whether the requirement to identify a "comparator" when alleging discrimination, a point central to the appeal, had been sufficiently recognised and addressed during the course of the appeal arguments.

The court reasoned that the appellant's argument that they were not heard on the issue of the comparator was not made out. The judgment under appeal had clearly identified the need for a comparator in discrimination cases, and this was a matter that had been canvassed during the oral submissions. The court noted that the appellant had been given ample opportunity to present their case on this point. Consequently, the court found no basis to recall its judgment or set aside its orders.

The notice of motion filed by the appellant on 18 December 2012 was dismissed with costs.