Ciccone v CV Property Group [2013] NSWADT 250

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Ciccone v CV Property Group [2013] NSWADT 250 Hearing dates: 24 September and 1 October 2013 Decision date: 06 November 2013 Jurisdiction: Equal Opportunity Division Before: A Scahill, Judicial Member J McClelland, Non-Judicial Member B Field, Non-Judicial Member Decision: Complaint dismissed Legislation Cited: Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Cases Cited: Barry v Futter [2011] NSWADT 205 Burns v Dye [2002] NSWADT 32 Burns v Nine Network Australia Pty Ltd (GD) [2011] NSWADTAP 25 Mitry v Abbas [2013] NSWADT 214 Category: Principal judgment Parties: Giorgio Ciccone (Applicant) Conrad Vassiliadis (Respondent) File Number(s): 131038

REASONS FOR DECISION

Introduction 1On 5 September 2012 Mr Ciccone complained to the Anti-Discrimination Board (ADB) that he had been discriminated against by Conrad Vassiliadis of CV Property Group on the grounds of homosexuality in the provision of services. Mr Ciccone had commenced a lease of a residential property in Oxford Street Darlinghurst on 6 August 2012. This lease terminated in March 2013. Mr Vassiliadis was the managing agent on behalf of the property owner. This was the only property Mr Vassiliadis was managing within the building. 2In summary, Mr Ciccone alleged that he had made several complaints to Mr Vassiliadis about maintenance issues within the unit. The complaint to the ADB arose out of a telephone conversation which allegedly occurred on Friday, 24 August 2012 on loudspeaker on a fixed line telephone in Mr Ciccone's unit in the presence of Mr Ciccone's mother Mrs Elizabeth Tannous. Mr Ciccone alleges that when he was asking for maintenance issues to be attended to he said to Mr Vassiliadis: "I am paying $680 a week rent - you have to respect me." In response Mr Vassiliadis allegedly said: "You fucking poofter, all you poofters are the same, don't you ever speak to me in that way". Mr Ciccone alleges that his mother had previously been unaware of his homosexuality. She became angry with him and thereafter he had been subject to derision and anger from his father because of his homosexuality. In the initial complaint to the ADB the Applicant also alleged that he did not receive appropriate services from Mr Vassiliadis and CV Property Group.