Qing Dai v St Michael's Grammar School

Qing Dai, the applicant, appealed against two decisions of the Federal Circuit Court of Australia made in relation to disputes with St Michael’s Grammar School, the respondent. The first decision was made by Commissioner Bissett on 2 July 2019 and the second by Commissioner Wilson on 1 April 2020. The applicant sought to appeal against these decisions on the basis of errors of law and alleged procedural unfairness. The court was required to determine whether the applicant had grounds for appeal and, if so, what orders should be made.

The court considered the applicant's submissions that errors of law had been made by both commissioners and that there was procedural unfairness in the proceedings. The court found that while there were some issues with the procedural fairness of the hearings, these did not reach the threshold of unfairness necessary to warrant setting aside the decisions. The court also considered the applicant's argument that errors of law had been made. After reviewing the evidence and the applicable law, the court found that there were no errors of law that warranted the setting aside of the decisions. The court concluded that the decisions of the commissioners were soundly based on the evidence and the law.

As the court found no grounds for appeal, the appeals were dismissed. The court ordered that the applicant pay the respondent's costs of the appeal, to be taxed on the standard basis if not agreed.