Zhang v State of NSW (NSW Department of Education)

The applicant, Ms Zhang, brought proceedings on behalf of her adult son, Mr Zhang, against the State of New South Wales (NSW Department of Education). The dispute concerned allegations of disability discrimination. A key preliminary issue before the court was whether Mr Zhang had a disability within the meaning of the relevant legislation and, consequently, whether he required a litigation guardian to conduct the proceedings.

The court was required to determine two primary legal issues. Firstly, whether Mr Zhang possessed a disability as defined by the relevant anti-discrimination legislation. Secondly, if he did have a disability, whether it was necessary for a litigation guardian to be appointed to represent his interests in the proceedings.

In his decision, Driver J found that Mr Zhang did not satisfy the definition of having a disability for the purposes of the relevant legislation. His Honour considered the evidence presented and concluded that the conditions relied upon by the applicant did not meet the threshold required by the statute. As a result of this finding, the court determined that it was not necessary to appoint a litigation guardian for Mr Zhang.