Sunol v Collier (No 2) [2012] NSWCA 44

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sunol v Collier (No 2) [2012] NSWCA 44 Hearing dates: 31 October 2011 Decision date: 22 March 2012 Before: Bathurst CJ at [1]; Allsop P at [55]; Basten JA at [75] Decision: (1)Declare that s49ZT of the Anti-Discrimination Act 1977 (NSW) does not exceed the legislative power of the State, as confined by the implied constitutional protection of political discourse, and is not invalid on that ground. (2)Summons otherwise dismissed. (3)No order as to costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court146s computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: STATUTORY INTERPRETATION - Anti-Discrimination Act 1977 s 49ZT - unlawful, by public act, to incite hatred - whether regard must be had to effect of act on class of persons to whom it is directed - whether ordinary or reasonable member of class considered

STATUTORY INTERPRETATION - Anti-Discrimination Act 1977 s 49ZT - whether defence of "good faith" requires objective assessment of defendant's intentions

STATUTORY INTERPRETATION - words and phrases - meaning of "incite" - Anti-Discrimination Act 1977 s 49ZT

CONSTITUTIONAL LAW - constitutional validity of legislation - unlawful to incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of homosexuality - whether s 49ZT of the Anti-Discrimination Act 1977 (NSW) burdens implied freedom of political communication - whether reasonably appropriate and adapted to serve legitimate end compatible with maintenance of system of government prescribed by the Constitution (Cth)