Lamb v Campbell [2021] NSWCATAD 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lamb v Campbell [2021] NSWCATAD 103 Hearing dates: 29 October 2020 Date of orders: 28 April 2021 Decision date: 28 April 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: M Easton, Senior Member Dr M K Murray, General Member Decision: (1) The complaint of unlawful racial vilification is substantiated. (2) Pursuant to s 108(2)(a) of the AD Act, the Respondent is to pay to the Applicant the sum of $2,250 as damages for the harm caused to him within four weeks of the publication of this decision. (3) Pursuant to s 108(2)(c) of the AD Act, the Respondent is to publish a public statement in the Manning River Times within two months of the date of this decision in the main section of the publication, not the classifieds in the following terms: "Racial Vilification On 18 April 2020 in Taree I said things to Mr William "Billie" Lamb who is a Wiradjuri man of the Dubbo clan. The NSW Civil and Administrative Tribunal found that I breached the Anti-Discrimination Act 1977 by vilifying Mr Lamb on the grounds of his race. The Tribunal found that my statements were vile, racist and homophobic and that Mr Lamb did nothing to invite or deserve the treatment he received. Public acts that incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race of the person or members of the group are unlawful under the Anti-Discrimination Act 1977. Wayne Campbell Taree (4) Pursuant to s 108(7) of the AD Act, if the Respondent does not comply with Order 3 above within the time specified, the Respondent must pay further damages of $2,250 within three months of the date of this decision. (5) Liberty to apply in relation to the terms of the apology and its publication within seven days. Catchwords: RACIAL VILIFICATION Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Comensoli v Passas [2019] NSWCATAD 155 Jones v Scully [2002] FCA 1080; 120 FCR 243 Kazak v John Fairfax Publications Limited [2000] NSWADT 77 Margan v Manias [2013] NSWADT 177 Margan v Manias [2015] NSWCA 388 Riley v State of New South Wales (Department of Education) [2019] NSWCATAD 223 Sunol v Collier and Anor (No 2) [2012] NSWCA 44 Wotton v State of Queensland (No 5) [2016] FCA 1457, (2016) 352 ALR 146 Texts Cited: Nil Category: Principal judgment Parties: William "Billy" Lamb (Applicant) Wayne Campbell (Respondent) Representation: Applicant (Self-Represented) Respondent (Self-Represented) File Number(s): 2020/00232702 Publication restriction: Nil