Burns v Sunol [2014] NSWCATAD 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burns v Sunol [2014] NSWCATAD 63 Hearing dates: 21 February 2014 Decision date: 14 May 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: REMEDIES - respondent to proceedings under Anti-Discrimination Act 1977 in default of conduct orders - damages awarded in default of compliance with conduct orders - conduct orders breached - further damages awarded Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Burns v Sunol [2014] NSWCATAD 2 Category: Principal judgment Parties: Garry Burns (Applicant) John Sunol (Respondent) Representation: G Burns (Applicant in person) J Sunol (Respondent in person) File Number(s): 131058

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, 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 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 material from websites controlled by him that was the subject of the substantiated complaints of homosexual vilification and victimisation. He has not complied with the orders to refrain from publishing further material "to the same or similar effect" which either victimises Mr Burns or amounts to homosexual vilification. We order that Mr Sunol pay damages totalling $5,000 for these two breaches.