Sunol v Collier [2009] NSWADTAP 34

Appeal Panel - Internal

CITATION: Sunol v Collier [2009] NSWADTAP 34

APPELLANT John Sunol PARTIES: RESPONDENT Henry Collier

FILE NUMBER: 099002

HEARING DATES: 6 April 2009

SUBMISSIONS CLOSED: 28 April 2009

DATE OF DECISION: 4 June 2009

BEFORE: Britton A - Deputy President; Furness G - Judicial Member; Gill M - Non-Judicial Member

CATCHWORDS: Question of law, whether to refer to Supreme Court

DECISION UNDER APPEAL: Collier v Sunol [2008] NSWADT 339

FILE NUMBER UNDER APPEAL: 081045

Administrative Decisions Tribunal Act 1977 LEGISLATION CITED : Interpretation Act 1987 Judiciary Act 1903 (Cth)

CASES CITED: Attorney-General (NSW) v 2UE Sydney Pty Ltd (2006) 236 ALR 385

APPELLANT M Robinson, barrister REPRESENTATION: RESPONDENT F Berglund, barrister

ORDERS: Pursuant to s 118 of the Administrative Decisions Tribunal Act 1997 the following questions of law are referred to the Supreme Court for the opinion of the Court: Whether eight communications or public acts identified in [13] of the Tribunal's decision in Collier v Sunol [2008] NSWADT 339 on their own or in combination are capable of invoking or enlivening the protection of or application of the constitutional implication of freedom of communication about government or political matters?Whether s 49ZT of the Anti-Discrimination Act 1977 (NSW) should be read down so as not to infringe or be construed so as to conform with the constitutional implication of freedom of communication about government and political matters?Whether, in relation to matters before the Appeal Panel pertaining to the constitutional implication of freedom of communication about government or political matters, ss. 91A(6) to (9) and 114 of the Anti-Discrimination Act 1977 (NSW) are unlawful or ultra vires?Whether ss. 91A(6) to (9) and 114 of the Anti-Discrimination Act 1977 (NSW) should be read down so as not to infringe the constitutional implication of freedom of communication about government or political matters?