Burns v Sunol [2018] NSWCATAD 109

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Burns v Sunol [2018] NSWCATAD 109 Hearing dates: 11 May 2018 Date of orders: 25 May 2018 Decision date: 25 May 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: The Hon F Marks, Principal Member Decision: (1) I hereby refer to the Supreme Court of NSW for determination the allegation that the respondent John Christopher Sunol is guilty of contempt of this Tribunal made by the applicant Garry Burns. Such contempt is constituted by the publication by the respondent of the material described in [7], [8], and [9] in Burns v Sunol [2018] NSWCATAD 78, and which I have found is capable of constituting contempt of the Tribunal The referral is made pursuant to the provisions of section 73 (5) of the Civil and Administrative Act.

(2) I hereby refer to the Supreme Court of NSW for determination pursuant to the provisions of section 73 (5) of the Civil and Administrative Act the conduct of the respondent John Christopher Sunol which I describe hereunder, because it appears to me on my own view that by reason of that conduct the said John Christopher Sunol is guilty of contempt of this Tribunal. The conduct is;

(a) the publication by the respondent of the material described in [17] in Burns v Sunol [2018] NSWCATAD 78

(b) the failure of the respondent to comply with the orders of this Tribunal particularised in [92] and in [93] in Burns v Sunol [2018] NSWCATAD 78.

For ease of understanding I set out again the contents of [92] to which I have added reference to the citations of the several Decisions of the Tribunal