Huang v University of New South Wales (No 2)

Huang sought leave from the Federal Court of Australia to obtain evidence from China, in accordance with section 9A of the Foreign Evidence Act 1994 (Cth). Huang, a former student at the University of New South Wales, alleged that the university had breached the Australian Consumer Law by providing misleading information. The university sought to prevent Huang from obtaining evidence from China on the basis that it was unnecessary and would result in significant cost and delay. The primary legal issue before the court was whether the application for leave should be granted, considering the potential for significant costs and delays.

The court examined whether Huang had made a sufficient showing that the evidence was necessary and whether the costs and delays would be justified. The court found that Huang had not demonstrated that the evidence from China was necessary, as he had already obtained substantial evidence from other sources. The court also highlighted that the costs and delays associated with obtaining evidence from China were substantial, and the potential benefits of such evidence did not outweigh these costs. Consequently, the court concluded that the application for leave should be dismissed.

The court further determined that there should be no order regarding the costs of the application, as it was appropriate to leave the parties to bear their own costs. This decision was based on the court's assessment that the application was not frivolous or vexatious, but rather a genuine attempt to obtain evidence, albeit one that was not justified under the circumstances.

The court dismissed the application and made no order as to the costs of the application. This outcome reflects the court's stance on the necessity and proportionality of obtaining evidence from foreign jurisdictions, particularly in cases where significant costs and delays are involved.