Haas v Hosking [2010] NSWADT 42

CITATION: Haas v Hosking [2010] NSWADT 42

DIVISION: Equal Opportunity Division

APPLICANT Peter Haas PARTIES: RESPONDENT Phillip Hosking

FILE NUMBER: 081088

HEARING DATES: 11, 12 February 2009, 20 May 2009, 6 July 2009

SUBMISSIONS CLOSED: 6 July 2009

DATE OF DECISION: 11 February 2010

BEFORE: Perrignon R - Judicial Member; Monaghan-Nagle L - Non-Judicial Member; Kelleghan D - Non-Judicial Member

CATCHWORDS: Racial vilification - public act - whether Tribunal satisfied that words alleged were uttered

LEGISLATION CITED : Anti-Discrimination Act 1977

Anderson v Thompson [2001] NSWADT 11 Burns v Dye [2002] NSWADT 32 Burns v Laws (EOD) [2008] NSWADTAP 32 Burns v Radio 2UE Sydney Pty Ltd & Ors [2004] NSWADT 267 Cohen v Hargous [2006] NSWADT 209 CASES CITED: Collier v Sunol [2005] NSWADT 261 Hosking & Anor v Haas & Anor [2009] NSWSC 624 John Fairfax Publications Pty Ltd v Kazak (EOD) [2002] NSWADTAP 35 Khan v Commissioner, Department of Corrective Services & anor [2002] NSWADT 131 Kimble & Souris v Orr [2003] NSWAADT 49 Russell v Commissioner of Police [2001] NSWADT 32 Veloskey v Karagiannakis & Ors [2002] NSWADTAP 18

APPLICANT In person REPRESENTATION: RESPONDENT A Connolly, barrister

ORDERS: The application is dismissed

REASONS FOR DECISION

1 The Applicant, Mr Haas, owns a holiday house situated on an estate at Moama in southern New South Wales. He occupies and owns lot 12 on the estate. The Respondent, Mr Hosking, lives at lot 15. The western boundary of each lot – which forms the rear boundary of each - abuts a public reserve, consisting of bushland on the foreshores of the Murray River.