Margan v Manias [2015] NSWSC 307

Supreme Court New South Wales

Medium Neutral Citation: Margan v Manias [2015] NSWSC 307 Hearing dates: 13 February 2015 Date of orders: 26 March 2015 Decision date: 26 March 2015 Jurisdiction: Common Law Before: Hall J Decision: Summons dismissed Catchwords: STATUTORY INTERPRETATION – Anti-Discrimination Act 1977, s 49ZT – identification of the audience to a "public act" that is alleged to have contravened s 49ZT(2) (homosexual vilification) – whether knowledge of two separate public acts must be established in one actual audience or whether knowledge of the facts of one is sufficient and, applying a test of a hypothetical ordinary member of the class to whom the public act was directed, knowledge of the facts of the first public act may be taken or assumed as being within the knowledge of the members of the audience present at the time of the second public act Legislation Cited: Administrative Decisions Tribunal Act 1997 Anti-Discrimination (Homosexual Vilification) Amendment Bill Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Interpretation Act 1987 Supreme Court Act 1970 Cases Cited: Catch the Fire Ministries Inc [2006] VSCA 284 Jones v Trad (2013) 86 NSWLR 241 Margan v Manias [2013] NSWADT 177 Margan v Manias [2014] NSWCATAP 16 R v Massie [1998] VSCA 82; [1999] 1 VR 542 Sunol v Collier (No 2) [2012] NSWCA 44 Young v Cassalls (1914) 33 NZLR 852 Category: Principal judgment Parties: Simon Margan (Plaintiff) Danny Manias (Defendant) Representation: Counsel: G Curtin SC; J Mack (Plaintiff) No Appearance (Defendant)