You may remember we recently told you about the Australian man who tried to sue his boss for repeatedly farting on him. David Hingst, from Melbourne, had filed a suit against Construction Engineering last year due to his boss Greg Short who apparently kept farting on or near him. Hingst, 56, ended up losing the case after a judge said that farting on an employee does not necessarily constitute bullying. However, he refused to give up without a fight and launched an appeal to his $1.8AUSD million (£973,190) case. Only thing is, the Court of Appeal in the Australian state of Victoria, has also dismissed Hingst's case - ruling that, even if his allegations of, erm, malicious flatulence were true, it wouldn't necessarily mean he'd been bullied. Speaking to AAP after his original hearing, Hingst explained: "I would be sitting with my face to the wall and he would come into the room, which was small and had no window."He would fart behind me and walk away. He would do this five or six times a day."He added: "He thrust his bum at me while he was at work."He said in retaliation he would then spray his supervisor with deodorant and call him 'MrStinky'.Hingst also said that Short - who was his manager at the time - verbally abused him over the phone and would 'taunt him with gestures'.He told the court Short 'trusted his bum at me while he's at work', and testified he had moved out of communal office space at the engineering firm's building to try to escape Short's constant farting - only for Short then allegedly began coming into Hingst's new private office, and continued to break wind several times a day. Short reportedly defended himself by saying: "Look, I don't recall doing it, but I may have done it once or twice, maybe."I don't recall doing so, so I'm not flat out saying I didn't or I did. I just can't remember doing it."He also said he hadn't done it was the intention of causing distress or to harass Hingst. Justice Phillip Priest pointed out that the farting wasn't the 'key issue' in his original case, which centred more on the phone calls.