Cohen & anor v Harguos; Karelicki v Harguos (No 2) [2006] NSWADT 275

CITATION: Cohen & anor v Harguos; Karelicki v Harguos (No 2) [2006] NSWADT 275

DIVISION: Equal Opportunity Division

FIRST APPLICANT Anna Cohen SECOND APPLICANT PARTIES: Martin Cohen THIRD APPLICANT Alicia Karelicki RESPONDENT Martin Harguos

FILE NUMBER: 051136 & 051138

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 08/12/2006

DATE OF DECISION: 09/22/2006

BEFORE: Britton A - Judicial Member; Weule B - Non Judicial Member; Gill M - Non Judicial Member

CATCHWORDS: Racial - Vilification

MATTER FOR DECISION: Relief and costs

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Anti-Discrimination Act 1977 Anti-Discrimination Amendment (Miscellaneous Provisions) Act 2004

Cohen v Harguos; Karelicki v Harguos [2006] NSWADT 209 CASES CITED: Commissioner of Police v Estate of Russell (2002) 55 NSWLR 232 Commissioner of Police, NSW Police v Mooney (No 3) (EOD) [2004] NSWADTAP 22

APPLICANTS In person REPRESENTATION: RESPONDENT No appearance

ORDERS: 1. That the Respondent pay each Applicant the sum of $1500 within 21 days of the date of these orders; 2. That within 28 days of the date of these orders the Respondent shall cause an apology to be published in the either the Sydney Morning Herald or the Daily Telegraph and the Spanish Herald or the Estra Informativo, in the terms set out in paragraph 11 of these reasons; 3. If the Respondent does not comply with Order 2 within 28 days of the date of these orders he will be required to pay each Applicant the sum of $ 2000 in addition to the sum payable under Order 1; 4. The application for costs made by the First and Second Applicants is refused