Huang v University of New South Wales (No 3)

The case of Huang v University of New South Wales (No 3) involved a dispute between Huang, a former student, and the University of New South Wales, as well as several other respondents. Huang alleged that she had been sexually harassed by Xiao, one of her thesis supervisors, in contravention of the Sex Discrimination Act 1984 (Cth). Xiao denied all allegations. The University denied vicarious liability for Xiao’s conduct. The primary legal issues the court had to decide included whether Xiao's conduct constituted sexual harassment, whether the University could be held vicariously liable for Xiao's actions, and the admissibility of evidence presented after the initial judgment.

The court examined the evidence and the credibility of witnesses, particularly focusing on the testimonies of Xiao and Huang. The Federal Magistrates Court had dismissed Huang's claims, but the appeal raised questions about the procedural fairness and the handling of evidence. The court found that the Federal Magistrate's introduction of Ms Frank's affidavit, which was submitted after the hearing, was improper. This departure from procedural fairness was deemed significant enough to warrant a new trial. Additionally, the court dismissed several other grounds of appeal as they lacked substance or were procedurally misconceived.

The appeal was allowed due to the procedural error in admitting Ms Frank's affidavit. The court ordered a new trial to reconsider the issues of liability and damages concerning the allegations against Xiao and the University. Each party was to bear their own costs, and Huang was additionally required to pay the respondents' costs related to her attempts to adduce new evidence during the appeal. The costs of the first trial were left to the discretion of the Federal Magistrate presiding over the new trial.