Collier v Sunol (No 2) [2006] NSWADT 88

Collier v Sunol (No 2) [2006] NSWADT 88

Given the serious nature of the vilification found and the absence of damages claimed, the Tribunal had power and justification to order the respondent to remove material, desist from certain publications, post a statement of apology, and pay the applicant's costs, especially given the public interest in protecting homosexual people from vilification and the manner in which the respondent conducted his defence.

Parties
Applicant: Henry Collier; Respondent: John Christopher Sunol
Jurisdiction
Australia
Judgment Date
24 March 2006
Procedural Posture
Application for Remedies and Costs (anti Discrimination/vilification) / Post Liability Determination: Hearing on Remedies and Costs
Outcome
Orders made for removal of material, prohibition on publishing, posting apology statement, and award of costs to applicant.
Legal Topics
Homosexual Vilification, Remedies, Costs, Public Act (internet Publication)
Anti Discrimination Equal Opportunity Homosexual Vilification Remedies Costs Public Act (internet Publication)

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Parties

Henry Collier

Applicant

John Christopher Sunol

Respondent

Procedural Posture

Application for Remedies and Costs (anti Discrimination/vilification) / Post Liability Determination: Hearing on Remedies and Costs

Legal Issues

  1. 1 Whether remedial orders should be made in respect of findings of homosexual vilification
  2. 2 Whether costs should be awarded to the applicant despite general presumption against costs

Ratio Decidendi

Given the serious nature of the vilification found and the absence of damages claimed, the Tribunal had power and justification to order the respondent to remove material, desist from certain publications, post a statement of apology, and pay the applicant's costs, especially given the public interest in protecting homosexual people from vilification and the manner in which the respondent conducted his defence.

Court Disposition

Orders made for removal of material, prohibition on publishing, posting apology statement, and award of costs to applicant.

Orders

  • Within 14 days, respondent to remove from all websites controlled by him any material concerning homosexual men, lesbians, homosexuality or the gay lobby.
  • Respondent to refrain from publishing such material on any website, controlled by him or not.