Aegean Macedonian Association of Australia and Ors -v- Karagiannakis & Ors [1999] NSWADT 130

Set aside by Appeal : Set aside by appeal on 27/6/02

CITATION: Aegean Macedonian Association of Australia and Ors -v- Karagiannakis & Ors [1999] NSWADT 130

DIVISION: Equal Opportunity

APPLICANT: Aegean Macedonian Association of Australia, Michael Veloskey, Bill Manus, Victor Bivell, Paul Stephen, Vasil Vlashef

RESPONDENT: George Karagiannakis, Hellenic Council of New South Wales, The Australian Hellenic Council, Costas Vertzayis, Akis Haralabopoulos

FILE NUMBER: 259 of 1996, 261 of 1996, 262 of 1996, 263 of 1996, 265 of 1996

HEARING DATES: 11/22/1999; 11/23/1999

SUBMISSIONS CLOSED: 11/23/1999

DATE OF DECISION: 10 December 1999

R J Bartley - Judicial Member BEFORE: L Farmer - Member S Clayton - Member

PRIMARY LEGISLATION: Anti-Discrimination Act, 1977

APPLICATION: Vilification - Racial -

MATTER FOR DECISION: Principal matter

Applicant: J Oakley of counsel, instructed by S Kozlina, solicitor REPRESENTATION: Respondent: First, Fifth and Sixth Respondents: J Conomos of counsel, instructed by K Garling, solicitor. Fourth Respondent: In person and as agent for the Second and Third Respondents

ORDERS: 1. Each Complaint is dismissed.

1 These matters commenced by complaints lodged with the Anti-Discrimination Board on 9 December 1996. Other similar complaints were added in due course. As of today there are six complainants and six respondents. 2 Ms Janet Oakley, of Counsel, instructed by Mr Simon Kozlina, appeared for the complainants. Mr Conomos, of Counsel, instructed by Mr Kim Garling appeared for the first, fifth and sixth respondents. Mr Costas Vertzayias, appeared in person and as agent for the second and third respondents. 3 Each of the complaints concerns an article published by K Publications Pty Ltd and written by George Karagiannakis (on behalf of the Hellenic Council of New South Wales, a member of the Australian Hellenic Council) in `O Kosmos' on 19 April 1994 (attached).