Engineer loses 1.8m 'fart bullying' appeal case, sets sights on High Court

A Melbourne engineer who took a colleague to court for farting near him repeatedly and "thrusting his bum" at him says he will take his case to the High Court, following the loss of his appeal today.

The Age reports that David Hingst, 56, had sought A$1.8 million (RM5.21 million) in a suit against his former employer Construction Engineering last year, but a judge ruled against it in the Supreme Court.

Following this, Hingst had applied to appeal the case, and was quoted as saying that "flatulence was a form of bullying" and his ex-colleague Greg Short was a serial farter.

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Today the appeal was heard in the Court of Appeal, which ruled against Hingst and refused to grant him leave to appeal. Hingst was also ordered to pay the defendant's legal costs. 

"The application will be refused, with costs," Justice Phillip Priest was quoted as saying by the publication.

Hingst responded by saying he would take the case to the High Court.

"I'm taking it to the High Court," he told the judges.

As Hingst left the court, he covered his mouth and face with a piece of clothing.

Previously, it was reported that Hingst had described the 'fart bullying' by saying that Mr Short would come into his small, windowless office several times a day and break wind.

"He would fart behind me and walk away. He would do this five or six times a day," Hingst said.