Passas v Comensoli [2019] NSWCATAP 298

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Passas v Comensoli [2019] NSWCATAP 298 Hearing dates: 1 November 2019 Date of orders: 18 December 2019 Decision date: 18 December 2019 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member J McAteer, Senior Member Decision: (1) Orders 3 and 4 of the Decision of 5 August 2019 be set aside, and in lieu thereof the Appeal Panel makes the following orders:

"The Respondent (Appellant on appeal) is to publish an apology for her conduct in the Inner West Courier Newspaper within 14 weeks of the publication of the decision of the Appeal Panel:

(a) in font size used for feature articles; and

(b) in both electronic and paper editions,

in the following terms:

On 15 November 2017, the day of the historic "Yes vote" publicising the results of the Australian same-sex marriage survey, my neighbour Daniel Comensoli flew a Rainbow Flag from his balcony. The NSW Civil and Administrative Tribunal has held that statements made by me on that day amounted to homosexual vilification in breach of the provisions of the Anti-Discrimination Act which make it unlawful for any person, by a public act, to incite hatred towards, serious contempt for, or severe ridicule of a person or group of persons on the ground of homosexuality.

I offer my apologies for that behaviour.

Yours faithfully,

Ms Passas"

(2) Appeal otherwise dismissed. (3) Leave to appeal refused. (4) If any party seeks a costs order, the applicant for costs ("costs applicant") must file and serve any such application, including submissions and any evidence in support, within 14 days of the date of these Orders. (5) Any respondent to the costs application is to file and serve any submissions and evidence in reply within 14 days thereafter. (6) The costs applicant is to file any submissions in reply within 7 days after receipt of the respondent's submissions and evidence. (7) Any submissions are to include submissions on the issue of whether an order should be made pursuant to s.50(2) of the Civil and Administrative Tribunal Act 2013, dispensing with a hearing of the costs application. Catchwords: HUMAN RIGHTS – Discrimination – Homosexual Vilification – Whether public statements relating to same sex marriage amount to homosexual vilification Legislation Cited: Anti-Discrimination Act 1977 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Burns v Sunol [2015] NSWCATAD 62 Corbett v Burns [2014] NSWCATAP 42 Margan v Manias [2015] NSWCA 388 Rogers v Vinoly [2016] NSWCATAP 2 Suttor v Gundowda Pty Ltd (1950) 21 CLR 418; [1950] HCA 35 Texts Cited: None Category: Principal judgment Parties: Julie Helen Passas (Appellant) Daniel Comensoli (Respondent) Representation: Solicitors: Otto Stichter & Associates (Appellant) Respondent (Self Represented) File Number(s): AP19/37902 Publication restriction: Nil Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2019] NSWCATAD 155 Date of Decision: 5 August 2019 Before: D Dinnen, Senior MemberJ. Newman, Senior Member File Number(s): 2018/00176758