Collier v Sunol (No 2) [2006] NSWADT 88

Set aside by Appeal : Set aside by Appeal on 27 September 2006 (Sunol v Collier (EOD) [2006] NSW ADTAP 51)

CITATION: Collier v Sunol (No 2) [2006] NSWADT 88

DIVISION: Equal Opportunity Division

APPLICANT PARTIES: Henry Collier RESPONDENT John Christopher Sunol

FILE NUMBER: 051037

HEARING DATES: 09/02/06

SUBMISSIONS CLOSED: 02/09/2006

DATE OF DECISION: 03/24/2006

BEFORE: Chesterman M - ADCJ (Deputy President); Gill M - Non Judicial Member; Groth D - Non Judicial Member

CATCHWORDS: Vilification - Homosexual

MATTER FOR DECISION: Remedies and Costs

LEGISLATION CITED : Anti-Discrimination Act 1977 Racial and Religious Tolerance Act 2001 (Vic)

Borg v Commissioner, Department of Corrective Services & Anor [2003] NSWADT 35 Burns v Radio 2UE Sydney Pty Ltd & Ors (No 2) [2005] NSWADT 24 CASES CITED: Cleary Bros (Bombo) Pty Ltd v Cvetkovski (EOD) [2001] NSWADTAP 10 Collier v Sunol [2005] NSWADT 261 Islamic Council of Victoria v Catch the Fire Ministries [2005] VCAT 1159 Jordan v North Cost Area Health Service (No 3) [2005] NSWADT 296

APPLICANT S Pritchard, barrister REPRESENTATION: RESPONDENT In person

ORDERS: 1. Within fourteen (14) days of the date of this decision, the Respondent is to remove from every website controlled by him any material concerning homosexual men, lesbians, homosexuality or the gay lobby; 2. The Respondent is to refrain from publishing material on any of these topics on any website, whether or not controlled by him; 3. Within fourteen (14) days of the date of this decision, the Respondent is to post the statement set out in subparagraph (3) of paragraph [44] of these reasons on every website controlled by him, and in addition on the websites known as web-ministry.com and wollongongmusicscene.com; 4. The Respondent is to pay the Applicant's costs of these proceedings, in a sum to be agreed within sixty (60) days of the date of this decision or, failing agreement, to be assessed pursuant to the Legal Profession Act 2004.