Burns v Sunol (No 2) [2018] NSWCATAD 120

Burns v Sunol (No 2) [2018] NSWCATAD 120

The Tribunal found Mr Sunol’s publication of vilifying statements and video materially contributed to Mr Burns’ feelings of upset, hurt, and anger; reasonable foreseeability and prior history justified compensation at the lower end of the range. Available evidence did not support a higher award or aggravated damages.

Parties
Applicant: Garry Burns; Respondent: John Sunol
Jurisdiction
Australia
Judgment Date
04 June 2018
Procedural Posture
Civil Administrative Proceeding / Compensation Assessment After Substantive Finding
Outcome
Compensation awarded to applicant; respondent ordered to pay
Legal Topics
Homosexual Vilification, Victimisation, Compensation for Non Economic Loss, Assessment of Damages
Human Rights Anti Discrimination Law Homosexual Vilification Victimisation Compensation for Non Economic Loss Assessment of Damages

Case Brief

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Parties

Garry Burns

Applicant

John Sunol

Respondent

Procedural Posture

Civil Administrative Proceeding / Compensation Assessment After Substantive Finding

Legal Issues

  1. 1 Whether Mr Burns is entitled to compensation for loss or damage resulting from unlawful vilification and victimisation under the Anti-Discrimination Act 1977 (NSW)
  2. 2 Appropriate quantum for non-economic loss due to vilification
  3. 3 Whether aggravated damages should be awarded

Ratio Decidendi

The Tribunal found Mr Sunol’s publication of vilifying statements and video materially contributed to Mr Burns’ feelings of upset, hurt, and anger; reasonable foreseeability and prior history justified compensation at the lower end of the range. Available evidence did not support a higher award or aggravated damages.

Court Disposition

Compensation awarded to applicant; respondent ordered to pay

Orders

  • Pursuant to s 108(2)(a) of the Anti-Discrimination Act 1977 (NSW), Mr Sunol must pay Mr Burns the sum of $2,500 within 28 days.