Carroll v Tokdogan & Anor [2015] NSWCATAD 200

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Carroll v Tokdogan & Anor [2015] NSWCATAD 200 Hearing dates: 24 July 2015 Decision date: 02 October 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton Principal Member E Hayes General Member F Given General Member Decision: (1) The complaint of homosexual vilification is dismissed.

(2) The complaint of victimisation made against Mrs Tokdogan is substantiated in part. The balance of the complaint is dismissed.

(3) The complaint of victimisation made against Mr Tokdogan is dismissed.

(4) Within 28 days of the date of this decision, Mrs Tokdogan must give to Mr Carroll and provide a copy to the NSW Land and Housing Corporation, a signed letter of apology in the following terms:

Dear Mr Carroll

The Administrative & Equal Opportunity division of the New South Wales Civil and Administrative Tribunal has decided that I contravened s 50 of the Anti-Discrimination Act 1977 (NSW) which makes it unlawful for a person to victimise another [2015] NSWCATAD 200.

The Tribunal found that I made a false report about you to Housing NSW and one of the reasons I did so was because you had made a complaint about my husband and me to the Anti-Discrimination Board.

I offer my apologies for my conduct.

I have sent a copy of this letter to NSW Housing.

Yours faithfully Mrs Tokdogan

(5) The orders made on 24 July 2015 under s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW) are revoked. In substitution, we order that the disclosure of the name of the person referred to at [31] of these Reasons is prohibited.