Burns v Sunol (No 2) [2017] NSWCATAD 236

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burns v Sunol (No 2) [2017] NSWCATAD 236 Hearing dates: 19 April 2017 Date of orders: 31 July 2017 Decision date: 31 July 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member J Newman, General Member Decision: 1. The second vilification complaint is substantiated in part. The balance of the complaint is dismissed. 2. The first vilification complaint is dismissed. 3. The complaint of victimisation is dismissed Catchwords: HUMAN RIGHTS — homosexual vilification — meaning of "public act" — whether the publication had the capacity to incite hatred towards, serious contempt for, homosexual persons

HUMAN RIGHTS — victimisation — whether person was subjected to "a detriment"

EVIDENCE —matters of common knowledge to which the Tribunal can have regard

DAMAGES — assessment of damages under the Anti-Discrimination Act 1977 Legislation Cited: Anti-Discrimination Act 1977 (NSW) Evidence Act 1995 (NSW) Cases Cited: Burns v Corbett; Gaynor v Burns [2017] NSWCA 3 Burns v Dye [2002] NSWADT 32 Burns v Sunol [2012] NSWADT 246 Burns v Sunol [2017] NSWCATAD 215 Commissioner of Police, NSW Police v Mooney (No 3) (EOD) [2004] NSWADTAP 22 Jones v Trad [2013] NSWCA 389 Kazak v John Fairfax Publications Limited [1995] EOC 92-701 at [40] Margan v Manias [2014] NSWCATAP 16 Margan v Manias [2015] NSWCA 388 South Western Sydney Area Health Services v Edmonds [2007] NSWCA 16 Sunol v Burns [2015] NSWCATAP 207 Sunol v Collier and anor. (No 2) [2012] NSWCA 44 Category: Principal judgment Parties: Garry Burns (Applicant) John Sunol (Respondent) Representation: G Burns (Applicant in person) J Sunol (Respondent in person) File Number(s): 2016/003785592016/003785582016/00378560 Publication restriction: Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013 (NSW), the Tribunal prohibits the publication and broadcast of the report referred to at [86] of these reasons (Exhibit A2), whether in public or private, and the disclosure of any matters contained in that report.