Hellenic Council Of Nsw -V- Apoleski, Order Of Ahepa -V- Apoleski [1997] NSWEOT
The Tribunal concluded the complainants did not demonstrate, to the civil standard, that the respondent committed the public act of publishing the article or causing it to be published; therefore, the complaints must be dismissed without consideration of whether the passages are vilifying or the application of s 20C(2)(c).
- Jurisdiction
- Australia
- Judgment Date
- 25 September 1997
- Procedural Posture
- Complaint Before Equal Opportunity Tribunal of NSW / Final Decision
- Outcome
- complaints dismissed
- Legal Topics
- ['racial Vilification' 'public Act' 'burden of Proof']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Complaint Before Equal Opportunity Tribunal of NSW / Final Decision
Legal Issues
- 1 ['Whether the publication of the article constituted a public act within the meaning of s 20B of the Anti-Discrimination Act 1977' 'Whether the respondent published, caused, instructed, induced, aided or permitted publication of the article' 'If so, whether the article incited hatred, serious contempt, or severe ridicule on grounds of race, in breach of s 20C(1) of the Act' 'Whether the public interest defence under s 20C(2)(c) applied']
Ratio Decidendi
The Tribunal concluded the complainants did not demonstrate, to the civil standard, that the respondent committed the public act of publishing the article or causing it to be published; therefore, the complaints must be dismissed without consideration of whether the passages are vilifying or the application of s 20C(2)(c).
Court Disposition
complaints dismissed
Orders
- ['Both complaints are dismissed.' 'No order is made as to costs.']
Full Case Text
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