Burns v Corbett [2013] NSWADT 227

Burns v Corbett [2013] NSWADT 227

The Applicant had standing because he claimed to be a homosexual man and there was no sufficient reason to doubt that claim. The Respondent committed three public acts by making statements to representatives of different newspapers and expressly or implicitly authorising publication or republication in circumstances involving communication to the public in New South Wales. The statements reproduced at paragraph [19], particularly the bracketing of homosexual people with paedophiles, were capable of urging or spurring ordinary members of the audience to treat homosexual people as deserving hatred or serious contempt on the ground of homosexuality. The additional statements that gays,...

Jurisdiction
Australia
Judgment Date
15 October 2013
Procedural Posture
Complaint of Unlawful Homosexual Vilification in the Equal Opportunity Division of the Administrative Decisions Tribunal of New South Wales / Principal Judgment After Hearing in the Respondent's Absence
Outcome
Complaint of unlawful homosexual vilification substantiated with regard to statements reproduced in paragraph [19] made by the Respondent to representatives of different newspapers on three occasions during late January 2013.
Legal Topics
['homosexual Vilification' 'incitement' 'public Act' 'standing to Make Vilification Complaint' 'remedies' 'apology Orders']
['anti Discrimination Law' 'equal Opportunity Law'] ['homosexual Vilification' 'incitement' 'public Act' 'standing to Make Vilification Complaint' 'remedies' 'apology Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Complaint of Unlawful Homosexual Vilification in the Equal Opportunity Division of the Administrative Decisions Tribunal of New South Wales / Principal Judgment After Hearing in the Respondent's Absence

Legal Issues

  1. 1 ['Whether the Applicant had standing to make a vilification complaint under section 88 of the Anti-Discrimination Act 1977.' "Whether the Respondent's statements to newspaper representatives, and their publication or republication, were public acts within section 49ZS of the Anti-Discrimination Act 1977." "Whether the Respondent's statements incited hatred towards, serious contempt for, or severe ridicule of homosexual people on the ground of homosexuality within section 49ZT(1) of the Anti-Discrimination Act 1977." 'Whether any exemption or defence under section 49ZT(2) of the Anti-Discrimination Act 1977 was available.' 'What remedies should be ordered under section 108 of the Anti-Discrimination Act 1977.']

Ratio Decidendi

The Applicant had standing because he claimed to be a homosexual man and there was no sufficient reason to doubt that claim. The Respondent committed three public acts by making statements to representatives of different newspapers and expressly or implicitly authorising publication or republication in circumstances involving communication to the public in New South Wales. The statements reproduced at paragraph [19], particularly the bracketing of homosexual people with paedophiles, were capable of urging or spurring ordinary members of the audience to treat homosexual people as deserving hatred or serious contempt on the ground of homosexuality. The additional statements that gays,...

Court Disposition

Complaint of unlawful homosexual vilification substantiated with regard to statements reproduced in paragraph [19] made by the Respondent to representatives of different newspapers on three occasions during late January 2013.

Orders

  • ['The Respondent is to refrain from conduct contravening section 49ZT of the New South Wales Anti-Discrimination Act 1977.' 'Within twenty-eight (28) days of the date of the decision, the Respondent is to procure, at her expense, publication of the ordered apology in a reasonably prominent position in the Sydney...