Comensoli v Passas [2019] NSWCATAD 155

Comensoli v Passas [2019] NSWCATAD 155

The Respondent's statements on 15 November 2017 formed a public act directed at the Applicant on the ground of his homosexuality and were objectively likely to incite serious contempt or severe ridicule in members of the public. The evidence established vilification within the meaning of s 49ZT of the Anti-Discrimination Act 1977. No relevant exemptions applied. The Tribunal preferred the Applicant's version of events, supported by corroborative evidence.

Jurisdiction
Australia
Judgment Date
05 August 2019
Procedural Posture
Complaint (civil) / Principal Judgment (final Hearing and Order)
Outcome
Complaint substantiated; remedies granted.
Legal Topics
['homosexual Vilification' 'discrimination' 'compensation' 'public Apology']
['human Rights Law' 'anti Discrimination Law'] ['homosexual Vilification' 'discrimination' 'compensation' 'public Apology']

Case Brief

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Procedural Posture

Complaint (civil) / Principal Judgment (final Hearing and Order)

Legal Issues

  1. 1 ["Whether the Respondent's conduct amounted to unlawful homosexual vilification under ss 49ZS and 49ZT of the Anti-Discrimination Act 1977" 'Whether exceptions in s 49ZT(2) of the Act applied' 'Appropriate remedies for substantiated vilification']

Ratio Decidendi

The Respondent's statements on 15 November 2017 formed a public act directed at the Applicant on the ground of his homosexuality and were objectively likely to incite serious contempt or severe ridicule in members of the public. The evidence established vilification within the meaning of s 49ZT of the Anti-Discrimination Act 1977. No relevant exemptions applied. The Tribunal preferred the Applicant's version of events, supported by corroborative evidence.

Court Disposition

Complaint substantiated; remedies granted.

Orders

  • ['The complaint of unlawful homosexual vilification is substantiated.' 'The Respondent is to pay to the Applicant the sum of $2,500 as compensation for the harm caused to him within 4 weeks of the publication of this decision.' 'The Respondent is to publish an apology for her conduct in the Inner West Courier...