Malco & Ors -V- Massaris & Ors [1998] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Malco & Ors -V- Massaris & Ors [1998] NSWEOT

COMPLAINANT: Malco, Velosky, Delkou

RESPONDENT: Massaris, K Publications Pty Limited, Kaldis

NUMBER: 226-229 of 1996

Mr K Raphael ( Judicial Member ) TRIBUNAL: Ms K Greenhill Mr O McDonald

GROUNDS OF COMPLAINT:

DATES OF HEARING: 11/24/1997; 11/25/1997 DATE OF JUDGMENT: 02/12/1998

Complainant: Mr I Taylor (Counsel) LEGAL REPRESENTATIVES: Respondent: Mr C Vertzayias, McDonnell Vertzayias

JUDGMENT IN FAVOUR OF: Respondent

Three Australians who emigrated to this country before the second world war and each of whom fought for Australia in that war come to this Tribunal pursuant to s.20C of the Anti-Discrimination Act 1977 as complainants in respect of an alleged act of racial vilification arising out of the publication of an article in the Greek language newspaper O Kosmos on Friday 6 May 1994. All these claims are identical save that Mr Veloskey the complainant in matter No. 227 of 1996 has provided particulars of loss which are unique to his own position.

History

In the state which was formerly called Yugoslavia there was a province known as the Republic of Macedonia. It was not an independent state. When the Yugoslav state broke up this area which had the city of Skopje as its capital or principal town took the name of the Republic of Macedonia and sought to be admitted to the United Nations under that name. The state of Greece in its modern form has a northern province which is called Macedonia. It was from this province that the three complainants hailed. The province is inhabited by persons of Hellenic and Slav origin amongst others. The three complainants are of Slav origin. They speak a language as their native tongue which is not Greek and has much in common with Bulgarian. This language is also spoken in the state which calls itself Macedonia to the immediate north.