Margan v Taufaao [2017] NSWCATAD 216

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Margan v Taufaao [2017] NSWCATAD 216 Hearing dates: 20 January 2017 Date of orders: 30 June 2017 Decision date: 30 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill, Senior Member Dr M Murray, General Member Decision: (1) The complaint of unlawful homosexual vilification is substantiated.

(2) The Respondent is to pay to the Applicant the sum of $10,000 as compensation for the harm caused to him by the assault and the publication of these statements within 21 days of the publication of this decision.

(3) The Tribunal directs that the Respondent, Mr Taufaao provide submissions on Mr Margan's applications for costs. Any submissions are to be provided to the Tribunal and Mr Margan by 14 July 2017.

(4) Mr Margan's application for costs will be determined on the papers after that date. Catchwords: Homosexual vilification Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Burns v Sunol [2012] NSWADT 246 Burns v Sunol (No 2) [2012] NSWADT 247 Collier v Sunol [2005] NSWADT 261 JM & JN v QL & QM [2010] NSWADT 66 Sunol v Collier (No 2) [2013] NSWCA 196 Margan v Manias [2013] NSWADT 177 Category: Principal judgment Parties: David Margan (Applicant) Paul Taufaao (Respondent) Representation: In Person (Applicant) File Number(s): 2015/00383313 Publication restriction: The Tribunal ordered that the Applicant's home addressed not be published under section 64(1) of the Civil and Administrative Tribunal Act 2013