Engineer who demanded $1.8million payout because his boss ‘Mr Stinky’ repeatedly ‘thrusted his bum’ and farted near him loses bullying case on appeal – but the court battle isn’t over
- David Hingst, 56, has lost his bullying case on appeal in court on Friday morning
- He was seeking $1.8 million in suit against his former boss for excessive farting
- Despite case being dismissed in court twice, he claims he will go to High Court
- Do you know Mr Stinky? Email Wade.Sellers@mailonline.com
A Melbourne engineer who claims his boss ‘Mr Stinky’ ‘thrusted his bum’ and farted at him repeatedly has lost his bullying case on appeal.
David Hingst, 56, was seeking $1.8 million in a suit against his former employer Construction Engineering, but a judge had blasted the case out of the Supreme Court last year.
Despite the case being dismissed once again at Melbourne’s Court of Appeal on Friday morning, Mr Hingst has vowed he will now take it to the High Court.
David Hingst, 56, (pictured) was seeking $1.8 million in a suit against his former employer Construction Engineering, but a judge had blasted the case out of the Supreme Court last year
Mr Hingst applied to appeal the case, saying ‘flatulence was a form of bullying’ and his ex-colleague Greg Short was a serial farter.
The Court of Appeal ruled against Mr Hingst, refusing to grant him leave to appeal and ordering him to pay the defendant’s legal costs.
‘The application will be refused, with costs,’ Justice Phillip Priest said.
In response, Mr Hingst promised to take the case further.
‘I’m taking it to the High Court,’ he told the judges.
Mr Hingst did not speak to reporters outside court as he was seen briskly walking with an item of clothing held over his mouth and face.
On Monday, Mr Hingst gave details of the alleged bullying, saying Mr Short would come into his small, windowless office several times a day and break wind.
Despite being dismissed once again, Mr Hingst has vowed to take his case to the High Court
‘He would fart behind me and walk away. He would do this five or six times a day,’ he told AAP outside court.
He also said Mr Short had abused him over the phone, used profane language and at times taunted him with gestures.
‘He thrusted his bum at me while he’s at work,’ Mr Hingst told the judges.
However the judges also heard that Mr Hingst had called his boss ‘Mr Stinky’ on several occasions and had sprayed deodorant on him.
Mr Hingst, who has represented himself throughout the 18-day trial and the appeal process, sought leave to appeal on several grounds.
Mr Hingst said he suffered a psychological injury as a result of the bullying and has not returned to work since he was dismissed from Construction Engineering a decade ago
He claimed he didn’t get a fair trial as he felt under pressure from Supreme Court Justice Rita Zammit when questioning witnesses, and felt the judge was biased against him.
But Justice Priest on Monday said the judge seemed to show ‘remarkable latitude’ to Mr Hingst during the trial.
Mr Hingst said he suffered a psychological injury as a result of the bullying and has not returned to work since he was dismissed from Construction Engineering a decade ago.
His $1.8 million claim includes compensation for lost past and future earnings, having previously earned a salary of about $100,000 for his design and engineering work on building projects.
His $1.8 million claim includes compensation for lost past and future earnings, having previously earned a salary of about $100,000 for his design and engineering work on building projects (stock image)