Haas v Hosking (No 2) [2010] NSWADT 203

CITATION: Haas v Hosking (No 2) [2010] NSWADT 203

DIVISION: Equal Opportunity Division

APPLICANT Peter Haas PARTIES: RESPONDENT Phillip Hosking

FILE NUMBER: 081088

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 21 May 2010

DATE OF DECISION: 16 August 2010

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

CATCHWORDS: Costs - complaint of racial vilification - whether proceedings conducted vexatiously - whether failure to comply with Tribunal's directions - whether proceedings unreasonably prolonged - special considerations applying to proceedings in Equal Opportunity Division

LEGISLATION CITED : Anti-Discrimination Act 1977

AT v Commissioner of Police [2010] NSWCA 131 CASES CITED: MT v AA (no 2) EOD [2010] NSWADTAP 28 Murtough v NSW Bar Association [2008] NSWADT 166 Tu v University of Sydney (No. 2) [2002] NSWADTAP 25

APPLICANT In person REPRESENTATION: RESPONDENT A Connolly, barrister

ORDERS: The Respondent's application for costs is dismissed

REASONS FOR DECISION

1 On 11 February 2010, the Tribunal dismissed a complaint of racial discrimination by Mr Haas against Mr Hosking. The proceedings were heard over a period of four days from 11 February 2009 to 6 July 2009. Mr Hosking seeks an order for his costs of the proceedings, or such of those costs as the Tribunal considers fair.

Complaint and findings 2 On 28 April 2008, Mr Haas had complained to the Anti-Discrimination Board that, on 1 November 2007, Mr Hosking had attended Mr Haas' property at Moama and racially vilified him, by saying 'that he was not going to have fucking Jews build anything near him', or 'that he was not going to let fucking Jews build a shed near him'.