Malenha v Sullivan [2017] NSWCATAD 222

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Malenha v Sullivan [2017] NSWCATAD 222 Hearing dates: 15 November 2017 Date of orders: 11 December 2017 Decision date: 11 December 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: R C Titterton, Principal Member A Lowe, General Member Decision: On or before 08 January 2018 the respondent is to:

(1) Apologise to the applicant by sending her the statement set out in par [50] of these reasons and signed by her.

(2) Provide a copy of her signed apology to NSW Housing, and ask it to cause the apology to be placed in the community hall on the ground floor of the building where the applicant used to live.

(3) Pay the applicant $2,500.

(4) If the respondent does not comply with order (1) the respondent is to pay the applicant $2,500 by way of damages for non-compliance. Catchwords: HUMAN RIGHTS — Discrimination — Grounds — Racial vilification – Where applicant called a "Portuguese pig" -

HUMAN RIGHTS — Discrimination — Grounds — Racial vilification – Remedies – Principles in relation to compensation for economic loss - Principles in relation to compensation for non-economic loss - Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Burns v Sunol [2012] NSWADT 246 Margan v Taufaao [2017] NSWCATAD 216 Sunol v Collier (No 2) [2012] NSWCA 44 Veloskey v Karagiannakis [2002] NSWADATAP 18 Texts Cited: Rees, Rice and Allen, Australian Anti-Discrimination Law, Second Edition, (Federation Press, 2014). Category: Principal judgment Parties: Clotilde (Judite Ferreira) Rodrigues Malenha (Applicant) Clare Sullivan (Respondent) Representation: P Griffin SC (Applicant) File Number(s): 2017/00279605