Cindy Prior’s case against then students Calum Thwaites, Jackson Powell and Alex Wood was thrown out last month for lack of evidence.
A decision on leave to appeal was expected on Friday, but after complex argument by Cindy Prior’s lawyers, Justice John Dowsett said he would instead have to go away and think about it.
A small group of supporters greeted Ms Pryor as she arrived at court for the leave application.
Her lawyers argued that judge Michael Jarrett, in dismissing the case last month, did not apply section 18C of the Racial Discrimination Act properly.
Appearing for Ms Prior was Greg McIntyre SC, who represented Torres Strait Islander Eddie Mabo in his landmark native title case, and also Wik man John Koowarta in a successful racial discrimination case against then Queensland premier Sir Joh Bjelke-Petersen.
Mr McIntyre also questioned the lack of cross examination of the students in the earlier hearings over the statements they provided to the court about social media posts two years ago.
Ms Prior in 2013 told three non-Indigenous students at the Queensland University of Technology (QUT) that they were in an Aboriginal and Torres Strait islander computer lab.
Comments in response on social media about being “thrown out” and “segregation” eventually resulted in a federal race discrimination complaint.
Ms Prior sued the students for $250,000.
In last month’s decision, the court ruled their posts were not racist.
A week ago the court ordered Ms Prior pay $200,000 in costs.
After more than two hours of legal argument today the judge reserved his decision.
“The matter is a complex one and it has certainly generated considerable controversy, and his honour is cognisant of that - the issues are complex and warrant some research and contemplation,” said Ms Prior’s lawyer Susan Moriarty.
No date has been set for the Justice Dowsett to hand down his decision but it is thought unlikely to come this year.
Either way Ms Prior’s discrimination case against her former employer QUT will return to court next year.
