Burns v Sunol (No 2) [2014] NSWCATAD 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burns v Sunol (No 2) [2014] NSWCATAD 44 Hearing dates: 21 February 2014 Decision date: 08 April 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: N Hennessy, LCM, Deputy President N Hiffernan, General Member J Newman, General Member Decision: 1. Mr Sunol is to pay Mr Burns the sum of $2,500 within 28 days of the date of this decision for breaching Order 6 of the orders the Tribunal made in Burns v Sunol [2014] NSWCATAD 2. 2. Mr Sunol is to pay Mr Burns the sum of $2,500 within 28 days of the date of this decision for breaching Order 11 of the orders the Tribunal made in Burns v Sunol [2014] NSWCATAD 2. Catchwords: ANTI-DISCRIMINATION - REMEDIES - meaning of s 108(7) of the Anti-Discrimination Act 1977 - whether Mr Sunol has breached orders to remove certain material from his website and not publish material to the same or similar effect -liability for further damages Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Burns v Sunol [2014] NSWCATAD 2 Category: Principal judgment Parties: Garry Burns John Sunol Representation: Mr Burns (Applicant in person) Mr Sunol (Respondent in person) File Number(s): 131012

reasons for decision

Introduction 1On 22 January 2014 the Tribunal made orders that Mr Sunol apologise to Mr Burns and remove homosexually vilifying material and material which victimised Mr Burns from websites controlled by him. The Tribunal also ordered Mr Sunol to refrain from publishing further material "to the same or similar effect": Anti-Discrimination Act 1977 (NSW) s 108(2)(b). In default of compliance with those orders within 14 days, the Tribunal ordered that Mr Sunol pay Mr Burns $2,500 for each breach: Anti-Discrimination Act, s 108(9). The Tribunal's orders in Burns v Sunol [2014] NSWCATAD 2 (the Tribunal's first decision) are set out in full at the end of these reasons. The matter was listed on 21 February 2014 to determine whether Mr Sunol had complied with the Tribunal's conduct orders. 2Mr Sunol complied with the orders to apologise and to remove the vilifying and victimising material identified by the Tribunal in its first decision from websites controlled by him. He has not complied with the orders to refrain from publishing further material "to the same or similar effect."