Ciccone v CV Property Group [2013] NSWADT 250

Ciccone v CV Property Group [2013] NSWADT 250

The applicant did not establish on the balance of probabilities that the respondent made the vilifying remarks. Even if the words were spoken as alleged, the conversation was private and does not constitute a 'public act' as defined under s 49ZS of the Anti-Discrimination Act 1977. Therefore, there is no unlawful vilification.

Jurisdiction
Australia
Judgment Date
06 November 2013
Procedural Posture
Complaint (equal Opportunity / Anti Discrimination) / Hearing and Final Decision
Outcome
Complaint dismissed
Legal Topics
['homosexual Vilification' 'public Act' 'onus of Proof' 'evidentiary Inconsistency']
['anti Discrimination Law' 'administrative Law'] ['homosexual Vilification' 'public Act' 'onus of Proof' 'evidentiary Inconsistency']

Case Brief

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Procedural Posture

Complaint (equal Opportunity / Anti Discrimination) / Hearing and Final Decision

Legal Issues

  1. 1 ['Whether the respondent made vilifying comments as alleged' "Whether the alleged comments constitute a 'public act' under the Anti-Discrimination Act 1977"]

Ratio Decidendi

The applicant did not establish on the balance of probabilities that the respondent made the vilifying remarks. Even if the words were spoken as alleged, the conversation was private and does not constitute a 'public act' as defined under s 49ZS of the Anti-Discrimination Act 1977. Therefore, there is no unlawful vilification.

Court Disposition

Complaint dismissed

Orders

  • ['Complaint dismissed']