Burns v Sunol (No 2) [2014] NSWCATAD 44

Burns v Sunol (No 2) [2014] NSWCATAD 44

Mr Sunol breached specific Tribunal orders by publishing material on his website and blog to the same or similar effect as material previously found to be unlawful homosexual vilification and victimisation of Mr Burns. Order 6 (homosexual vilification) was breached by publishing statements that the Mardi Gras is run by 'perverts and criminals', which the Tribunal held similar to prior unlawful publications. Order 11 (victimisation) was breached by continuing to publish derogatory statements describing Mr Burns as a 'liar', 'thief', and 'committed perjury' because Mr Burns had brought complaints under the Act. As a result, Mr Sunol is liable to pay Mr Burns damages of $2,500 for each...

Parties
Applicant: Garry Burns; Respondent: John Sunol
Jurisdiction
Australia
Judgment Date
08 April 2014
Procedural Posture
Application Anti Discrimination / Remedy for Breach of Tribunal Orders
Outcome
Orders for damages against respondent for breach of Tribunal orders.
Legal Topics
Homosexual Vilification, Victimisation, Remedies for Breach of Tribunal Orders, Section 108 Anti Discrimination Act 1977 (nsw)
Anti Discrimination Law Homosexual Vilification Victimisation Remedies for Breach of Tribunal Orders Section 108 Anti Discrimination Act 1977 (nsw)

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Parties

Garry Burns

Applicant

John Sunol

Respondent

Procedural Posture

Application Anti Discrimination / Remedy for Breach of Tribunal Orders

Legal Issues

  1. 1 Whether Mr Sunol breached Tribunal orders to refrain from publishing homosexually vilifying or victimising material
  2. 2 Whether Mr Sunol is liable for damages under s 108(7) of the Anti-Discrimination Act 1977 for non-compliance

Ratio Decidendi

Mr Sunol breached specific Tribunal orders by publishing material on his website and blog to the same or similar effect as material previously found to be unlawful homosexual vilification and victimisation of Mr Burns. Order 6 (homosexual vilification) was breached by publishing statements that the Mardi Gras is run by 'perverts and criminals', which the Tribunal held similar to prior unlawful publications. Order 11 (victimisation) was breached by continuing to publish derogatory statements describing Mr Burns as a 'liar', 'thief', and 'committed perjury' because Mr Burns had brought complaints under the Act. As a result, Mr Sunol is liable to pay Mr Burns damages of $2,500 for each...

Court Disposition

Orders for damages against respondent for breach of Tribunal orders.

Orders

  • Mr Sunol is to pay Mr Burns the sum of $2,500 within 28 days for breaching Order 6 of the orders made in Burns v Sunol [2014] NSWCATAD 2.
  • Mr Sunol is to pay Mr Burns the sum of $2,500 within 28 days for breaching Order 11 of the orders made in Burns v Sunol [2014] NSWCATAD 2.