JM and JN v QL and QM [2010] NSWADT 66

CITATION: JM and JN v QL and QM [2010] NSWADT 66 This decision has been amended. Please see the end of the decision for a list of the amendments.

DIVISION: Equal Opportunity Division

APPLICANTS JM and JN PARTIES: RESPONDENTS QL and QM

FILE NUMBER: 081044

HEARING DATES: 2 & 3 July 2009

SUBMISSIONS CLOSED: 17 August 2009

DATE OF DECISION: 12 March 2010

BEFORE: Hennessy N - Magistrate (Deputy President); Monaghan-Nagle L - Non-Judicial Member; Weule B - Non-Judicial Member

CATCHWORDS: Discrimination, homosexuality and HIV/AIDS vilification

LEGISLATION CITED : Anti-Discrimination Act 1977 Administrative Decisions Tribunal Act 1997

Catch the Fires Ministries Inc v Islamic Council of Victoria Inc [2006] VSCA 284 CASES CITED: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Sharma v Legal Aid Queensland [2002] FCAFC 196 Qantas Airways v Gama [2008] FCAFC 69 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298

APPLICANT I Chatterjee, solicitor REPRESENTATION: RESPONDENT Agent [Name not disclosed]

1. The complaints of homosexual vilification against QM are substantiated in part 2. The complaints of HIV/AIDS vilification against QL and QM are substantiated in part 3. QM is to pay JM damages of $1500 within 28 days of the date of these reasons ORDERS: 4. QM is to pay JN damages of $1500 within 28 days of the date of these reasons 5. QL is to pay JM damages of $3,500 within 28 days of the date of these reasons 6. QL is to pay JN damages of $3,500 within 28 days of the date of these reasons 7. Any application for costs is to be made within 28 days of the date of these reasons. Any reply to that application is to be made within a further 28 days. Any application for costs will be determined 'on the papers' after that time.