Burns v Sunol (No2) [2014] NSWCATAD 126

Burns v Sunol (No2) [2014] NSWCATAD 126

Mr Sunol breached orders 3 and 4 because, by 11 June 2014, he had not removed material to the same or similar effect as the victimising material identified in order 2 and he published further material to the same or similar effect. The Tribunal was not satisfied that the publications relied on established breach of the orders concerning homosexual vilification, but was satisfied that publications calling Mr Burns a liar, thief, habitual court abuser and similar terms in connection with proceedings before NCAT constituted victimising conduct to the same or similar effect as the material previously found unlawful. The Tribunal therefore ordered Mr Sunol to pay Mr Burns $2,500.

Jurisdiction
Australia
Judgment Date
03 September 2014
Procedural Posture
Enforcement of Orders Made Under the Anti Discrimination Act 1977 (nsw) / Hearing to Determine Whether the Respondent Had Complied With Conduct Orders Dated 14 May 2014
Outcome
Mr Burns succeeded in establishing breach of orders 3 and 4, and Mr Sunol was ordered to pay damages of $2,500.
Legal Topics
['homosexual Vilification' 'victimisation' 'non Compliance With Conduct Orders' 'remedies for Breach of Tribunal Orders' 'online Publications']
['anti Discrimination Law' 'civil and Administrative Tribunal Procedure'] ['homosexual Vilification' 'victimisation' 'non Compliance With Conduct Orders' 'remedies for Breach of Tribunal Orders' 'online Publications']

Case Brief

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Procedural Posture

Enforcement of Orders Made Under the Anti Discrimination Act 1977 (nsw) / Hearing to Determine Whether the Respondent Had Complied With Conduct Orders Dated 14 May 2014

Legal Issues

  1. 1 ["Whether Mr Sunol was in default of orders 3 or 4 of the Tribunal's first decision." 'Whether material remaining on or published to websites controlled by Mr Sunol was to the same or similar effect as material previously found to constitute homosexual vilification or victimisation.' 'Whether the Tribunal should order Mr Sunol to pay Mr Burns further damages of $2,500.']

Ratio Decidendi

Mr Sunol breached orders 3 and 4 because, by 11 June 2014, he had not removed material to the same or similar effect as the victimising material identified in order 2 and he published further material to the same or similar effect. The Tribunal was not satisfied that the publications relied on established breach of the orders concerning homosexual vilification, but was satisfied that publications calling Mr Burns a liar, thief, habitual court abuser and similar terms in connection with proceedings before NCAT constituted victimising conduct to the same or similar effect as the material previously found unlawful. The Tribunal therefore ordered Mr Sunol to pay Mr Burns $2,500.

Court Disposition

Mr Burns succeeded in establishing breach of orders 3 and 4, and Mr Sunol was ordered to pay damages of $2,500.

Orders

  • ["The tribunal orders Mr Sunol to pay Mr Burns $2,500 for breaching orders 3 and 4 of the Tribunal's orders dated 14 May 2014."]