Jones v Trad [2013] NSWCA 389

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jones v Trad [2013] NSWCA 389 Hearing dates: 5 August 2013 Decision date: 20 November 2013 Before: Ward JA at [1] Emmett JA at [148] Gleeson JA at [175] Decision: 1. Appeal allowed. 2. Order 1 made by the Appeal Panel on 20 October 2012 dismissing the appeal by the appellants from the Tribunal's decision in relation to the Schedule A broadcast be set aside. 3. In lieu, uphold the appeal by each of the appellants from the Tribunal's decision in relation to the Schedule A broadcast; set aside that decision and remit the complaints made against each of the appellants in relation to the Schedule A broadcast to the Tribunal for determination in accordance with law. 4. Order the respondent to repay the sum of $10,000. 5. Direct the parties to file any brief written submission in relation to costs (and as to whether any part of the Court's reasons should be redacted on publication) within seven days, with a view to those submissions being dealt with on the papers. [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 Court's 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: STATUTES - acts of parliament - interpretation - Anti-Discrimination Act 1977 s 20C - person who engaged in the 'public act' in context of a radio broadcast - whether error of law in failing to consider applicability of s 20C(2) separately in case of the radio station and radio presenter - whether error in consideration of capacity to 'incite' - whether race must be the sole or dominant ground for the incitement of the requisite emotion