Burns v Sunol [2018] NSWCATAD 78

Burns v Sunol [2018] NSWCATAD 78

The Tribunal found on its own view, based on the respondent's continued publication of unlawful and disparaging material and persistent failure to comply with orders (to remove material, refrain from similar publication, apologise, and pay sums), that the respondent has engaged in conduct capable of constituting contempt pursuant to s73 of the Civil and Administrative Tribunal Act. The determination is that the respondent's conduct—publishing material undermining the authority of Tribunal members and flouting orders—meets the threshold of contempt (subject to submissions/evidence as to referral to Supreme Court).

Parties
Applicant: Garry Burns; Respondent: John Christopher Sunol
Jurisdiction
Australia
Judgment Date
10 April 2018
Procedural Posture
Administrative and Equal Opportunity Division Contempt/application for Referral / Interlocutory/finding on Whether Conduct Constitutes Contempt and Directions for Further Evidence/submissions on Referral to Supreme Court
Outcome
No final disposition; matter stood over for further hearing to allow parties to make submissions and tender evidence on referral to Supreme Court for contempt.
Legal Topics
Homosexual Vilification, Contempt of Tribunal, Compliance With Tribunal Orders, Victimisation, Freedom of Speech
Administrative Law Anti Discrimination Law Contempt Homosexual Vilification Contempt of Tribunal Compliance With Tribunal Orders Victimisation Freedom of Speech

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Parties

Garry Burns

Applicant

John Christopher Sunol

Respondent

Procedural Posture

Administrative and Equal Opportunity Division Contempt/application for Referral / Interlocutory/finding on Whether Conduct Constitutes Contempt and Directions for Further Evidence/submissions on Referral to Supreme Court

Legal Issues

  1. 1 Whether respondent's conduct is capable of constituting contempt of the Tribunal under section 73 of the Civil and Administrative Tribunal Act;
  2. 2 Whether respondent has failed to comply with Tribunal orders, including orders to refrain from publishing unlawful material and to pay monetary sums;
  3. 3 Whether respondent's publication of material disparaging Tribunal members and continuing to publish unlawful material, despite orders, constitutes contempt;

Ratio Decidendi

The Tribunal found on its own view, based on the respondent's continued publication of unlawful and disparaging material and persistent failure to comply with orders (to remove material, refrain from similar publication, apologise, and pay sums), that the respondent has engaged in conduct capable of constituting contempt pursuant to s73 of the Civil and Administrative Tribunal Act. The determination is that the respondent's conduct—publishing material undermining the authority of Tribunal members and flouting orders—meets the threshold of contempt (subject to submissions/evidence as to referral to Supreme Court).

Court Disposition

No final disposition; matter stood over for further hearing to allow parties to make submissions and tender evidence on referral to Supreme Court for contempt.

Orders

  • Proceedings stood over for further hearing to enable the respondent to provide evidence/submissions as to whether the Tribunal should refer his conduct to the Supreme Court.
  • Applicant may file and serve evidentiary material before 20 April 2018 regarding the respondent's compliance with Tribunal orders.