Radio 2UE Sydney Pty Ltd & Ors v Burns (No 2) (EOD) [2008] NSWADTAP 53

Appeal Panel - Internal

CITATION: Radio 2UE Sydney Pty Ltd & Ors v Burns (No 2) (EOD) [2008] NSWADTAP 53

APPELLANTS Radio 2UE Sydney Pty Ltd, John Laws and Steve Price PARTIES: RESPONDENT Gary Burns

FILE NUMBER: 049049; 059017

HEARING DATES: 7, 8 and 9 November 2007 (Ex Tempore Decision Delivered 9 November 2007)

SUBMISSIONS CLOSED: 9 November 2007

BEFORE: O'Connor K - DCJ (President); Grotte E - Judicial Member; Nemeth de Bikal L - Non Judicial Member

CATCHWORDS: Conduct of primary hearing - Defence - Relevant Evidence Not Given - Whether further opportunity should be given - Explanation - Interests of Justice

MATTER FOR DECISION: Application for leave to extend Appeal to merits

DECISION UNDER APPEAL: Burns v Radio 2UE Sydney Pty Ltd and Ors [2004] NSWADT 267

FILE NUMBER UNDER APPEAL: 031086 and 031149

DATE OF DECISION UNDER APPEAL: 11/22/2004

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

CASES CITED: Burns v Radio 2UE and Ors [2004] NSWADT 267 Attorney General v 2UE Sydney Pty Ltd & Ors [2006] NSWCA 349

APPELLANTS T Blackburn SC with P Kulevski of counsel / Banki Haddock Fiora REPRESENTATION: RESPONDENT C Ronalds SC with K Edwards of counsel / Public Interest Advocacy Centre

(A) Appellants' application for leave to extend to the merits granted to allow consideration of the evidence of Mr Price and Mr Laws in connection with the defence provided by s 49ZT(2) of the Anti-Discrimination Act 1977 (B) For that purpose the case is remitted to the Tribunal below, if possible as previously constituted, subject to the following directions: 1. The Tribunal restrict its consideration to the evidence comprised by the statements marked A3 and A4 in the proceedings before the Appeal Panel and related evidence being the television program and the audio tape of the radio program and the transcript of the radio program ORDERS: 2. The Tribunal to determine whether it should maintain or vary its previous orders, and if its decision is to vary its orders, to vacate its previous orders to the extent necessary, and enter new orders (C) Appeal adjourned pending the Tribunal's reconsideration of its orders Costs: 1. Respondent's Application under s 88 of the Administrative Decisions Tribunal Act 1997 for its Costs in respect of this Application. The Appellants to pay the Respondent's costs of the Appellants' application. The operation of this order as it relates to the Second and Third Appellants is deferred until further order of the Tribunal. The Respondent's further application that the costs to be paid on an indemnity basis reserved for further consideration if and when the appeal proceedings recommence before the Appeal Panel 2. Respondent's Application under s 88 of the Administrative Decisions Tribunal Act 1997 for its Costs in respect of the Further Proceedings before the Tribunal below. Referred to the Tribunal below for consideration by the Tribunal in due course.