Burns v Sunol [2016] NSWCATAD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burns v Sunol [2016] NSWCATAD 16 Hearing dates: 15 July 2015 Date of orders: 21 January 2016 Decision date: 21 January 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member M O'Halloran, Member M Murray, Member Decision: 1. The complaint is substantiated. 2. Within 14 days of the date of this decision the applicant must: (i) file with the Tribunal and serve on the respondent a document setting out the orders, if any, he seeks under s 108(2) of the Anti-Discrimination Act 1977 (NSW) and any evidence and submissions in support of that application; (ii) notify the Tribunal and the respondent in writing whether he consents to the issue of what orders, if any should be made, being determined "on the papers". 3. Within 14 days of the receipt of the material referred to in Order (2) the respondent must: (i) file with the Tribunal and serve on the applicant any evidence and submissions in reply; (ii) notify the Tribunal and the applicant in writing whether he consents to the issue of orders, being determined "on the papers". Catchwords: EQUAL OPPORTUNITY — homosexual vilification — whether a publication was a public act of the respondent — whether the publication had the capacity to incite hatred towards, serious contempt for, or severe ridicule of homosexual persons Legislation Cited: Anti-Discrimination Act 1977 (NSW) Cases Cited: Burns v Sunol [2012] NSWADT 246 Burns v Sunol [2015] NSWCATAD 40 Catch the Fire Ministries Inc & Ors v Islamic Council of Victoria Inc [2006] VSCA 284 Jones v Toben No 2 [2003] FCAFC 137; (2003) 199 ALR 1 Jones v Trad [2013] NSWCA 389 Margan v Manias [2015] NSWCA 388 Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28; (1997) 194 CLR 355 Sunol v Burns [2015] NSWCATAP 207 Sunol v Collier and anor. (No 2) [2012] NSWCA 44 Western Aboriginal Legal Service v Jones [2000] NSWADT 102 Category: Principal judgment Parties: Garry Burns (Applicant) Christopher Sunol (Respondent) Representation: Solicitors: G Burns (Applicant in Person) R Balzola & Associates(Respondent) File Number(s): 1510181