Feeney -V- Nationwide News Pty. Limited [1996] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Feeney -V- Nationwide News Pty. Limited [1996] NSWEOT

COMPLAINANT: Feeney

RESPONDENT: Nationwide News Pty. Limited

NUMBER: 63 of 1996

Judge D Patten ( Senior Judicial Member ) TRIBUNAL: Mr L Lau Mr M Luger

GROUNDS OF COMPLAINT: Discrimination on the ground of racial vilification

DATES OF HEARING: 01/19/1996 DATE OF JUDGMENT: 01/19/1996

Complainant: Unrepresented LEGAL REPRESENTATIVES: Respondent: Mr N Carson

JUDGMENT IN FAVOUR OF:

In June 1990 the respondent published articles in its newspaper which became the subject of a complaint by the complainant to the Anti-Discrimination Board, the complaint being made during 1991.

The Board referred the matter to the Tribunal pursuant to section 91 of the Act and since that referral the matter has been before the Tribunal on a number of occasions. So far as I am aware, on each of those occasions the respondent has been represented by its solicitor and the complainant has not appeared, although much correspondence has been received from him.

In 1995 the complainant, in answer to notification that the matter would be listed for further directions, wrote to the Tribunal seeking an order that the matter be adjourned the same day. The Tribunal notified the complainant that it was not willing to accede to that course and ruled accordingly when the matter was formally before it. After adjournment, the matter was listed before the Tribunal for directions on 1 November 1995. On that occasion again there was a representation by the respondent but no representation by the complainant, although in fairness to him it must be said that he did discuss with officers of the Tribunal the possibility of some telephone link being established on that date. However, on 1 November 1995 I directed that the matter be fixed for hearing on Friday, 19 January 1996, that is today, and I directed the Registrar to notify the complainant to that effect. I also directed the Registrar to notify the complainant that, except in the most exceptional circumstances, the Tribunal will require that the matter proceed to finality on 19 January 1996.