Burns v Sunol [2014] NSWCATAD 63

Burns v Sunol [2014] NSWCATAD 63

Mr Sunol breached Tribunal orders by publishing material to the same or similar effect as that previously found to be unlawful homosexual vilification and victimisation, making damages for each breach payable under the Anti-Discrimination Act 1977.

Parties
Applicant: Garry Burns; Respondent: John Sunol
Jurisdiction
Australia
Judgment Date
14 May 2014
Procedural Posture
Application for Damages for Breach of Tribunal Order / Post Final Orders Compliance Hearing
Outcome
Orders for payment of damages for breaches of Tribunal orders for homosexual vilification and victimisation.
Legal Topics
Homosexual Vilification, Victimisation, Compliance With Tribunal Orders, Remedies, Damages
Anti Discrimination Administrative Law Homosexual Vilification Victimisation Compliance With Tribunal Orders Remedies Damages

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Parties

Garry Burns

Applicant

John Sunol

Respondent

Procedural Posture

Application for Damages for Breach of Tribunal Order / Post Final Orders Compliance Hearing

Legal Issues

  1. 1 Whether Mr Sunol breached Tribunal orders restraining publication of homosexually vilifying and victimising material
  2. 2 Entitlement of Mr Burns to damages for breaches of those orders under Anti-Discrimination Act 1977

Ratio Decidendi

Mr Sunol breached Tribunal orders by publishing material to the same or similar effect as that previously found to be unlawful homosexual vilification and victimisation, making damages for each breach payable under the Anti-Discrimination Act 1977.

Court Disposition

Orders for payment of damages for breaches of Tribunal orders for homosexual vilification and victimisation.

Orders

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