R -V- .D & E Marinkovic [1996] NSWEOT

R -V- .D & E Marinkovic [1996] NSWEOT

The Respondents' repeated verbal and written abuse referencing the Complainant's homosexuality and HIV/AIDS status constituted public acts of vilification unlawful under Sections 49ZT(1) and 49ZXB(1) of the NSW Anti-Discrimination Act; their conduct caused significant harm to the Complainant, thus entitling him to substantial damages, injunctions, order for apology, and costs.

Jurisdiction
Australia
Judgment Date
19 September 1996
Procedural Posture
Complaint / Final Judgment After Hearing (respondents Non Attending)
Outcome
Complaint upheld. Orders made for damages, injunctions, apologies, and costs in favour of the Complainant.
Legal Topics
['vilification' 'homosexual Vilification' 'hiv/aids Vilification' 'public Acts' 'discrimination' 'damages' 'apprehended Violence Orders' 'tribunal Procedure']
['anti Discrimination Law' 'human Rights Law' 'administrative Law'] ['vilification' 'homosexual Vilification' 'hiv/aids Vilification' 'public Acts' 'discrimination' 'damages' 'apprehended Violence Orders' 'tribunal Procedure']

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Procedural Posture

Complaint / Final Judgment After Hearing (respondents Non Attending)

Legal Issues

  1. 1 ['Whether the Respondents engaged in unlawful homosexual and HIV/AIDS vilification against the Complainant contrary to Division 4 Part 4C and Part 4F of the NSW Anti-Discrimination Act.' 'Whether the conduct constituted a public act within the meaning of the legislation.' 'Whether compensation, injunction, apology, costs and other relief should be awarded.']

Ratio Decidendi

The Respondents' repeated verbal and written abuse referencing the Complainant's homosexuality and HIV/AIDS status constituted public acts of vilification unlawful under Sections 49ZT(1) and 49ZXB(1) of the NSW Anti-Discrimination Act; their conduct caused significant harm to the Complainant, thus entitling him to substantial damages, injunctions, order for apology, and costs.

Court Disposition

Complaint upheld. Orders made for damages, injunctions, apologies, and costs in favour of the Complainant.

Orders

  • ['Each Respondent to pay the Complainant $25,000.00 in damages (total $50,000.00).' 'Each Respondent is enjoined from continuing or repeating any of the speech or other conduct complained of or of the type complained of.' 'Each Respondent must publish a written apology in respect of their speech and conduct towards...