Collier v Sunol [2008] NSWADT 339

Collier v Sunol [2008] NSWADT 339

Clause 4 could not be registered because an order prohibiting disparagement of Mr Collier would not be an order preventing conduct made unlawful by the Anti-Discrimination Act 1977. Clause 3 could be registered because Mr Sunol had not complied with it: the relevant website postings were public acts, were attributable to him, and, apart from the contemptuous part of Annexure 6, were capable of inciting hatred towards, serious contempt for, or severe ridicule of homosexual persons on the ground of homosexuality. The references to the Sydney Gay and Lesbian Mardi Gras had a sufficient connection with homosexuality because homosexuality was a substantially contributing factor to the incitement.

Jurisdiction
Australia
Judgment Date
22 December 2008
Procedural Posture
Application to Register Clauses of a Conciliation Agreement Under the Anti Discrimination Act 1977 / Decision After Hearing
Outcome
Application allowed in part; clause 3 of the conciliation agreement was registered and clause 4 was declined.
Legal Topics
['registration of Conciliation Agreement' 'homosexual Vilification' 'public Act' 'website Publication' 'tribunal Remedial Powers']
['anti Discrimination Law' 'equal Opportunity Law'] ['registration of Conciliation Agreement' 'homosexual Vilification' 'public Act' 'website Publication' 'tribunal Remedial Powers']

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Procedural Posture

Application to Register Clauses of a Conciliation Agreement Under the Anti Discrimination Act 1977 / Decision After Hearing

Legal Issues

  1. 1 ['Whether clause 4 of the conciliation agreement could have been the subject of an order in proceedings relating to a complaint.' 'Which of the 35 publications attributed to Mr Sunol were relevant to the registration application.' 'Whether the relevant publications breached the homosexual vilification provisions of the Anti-Discrimination Act 1977.' 'Whether postings on websites requiring registration or a password constituted public acts.']

Ratio Decidendi

Clause 4 could not be registered because an order prohibiting disparagement of Mr Collier would not be an order preventing conduct made unlawful by the Anti-Discrimination Act 1977. Clause 3 could be registered because Mr Sunol had not complied with it: the relevant website postings were public acts, were attributable to him, and, apart from the contemptuous part of Annexure 6, were capable of inciting hatred towards, serious contempt for, or severe ridicule of homosexual persons on the ground of homosexuality. The references to the Sydney Gay and Lesbian Mardi Gras had a sufficient connection with homosexuality because homosexuality was a substantially contributing factor to the incitement.

Court Disposition

Application allowed in part; clause 3 of the conciliation agreement was registered and clause 4 was declined.

Orders

  • ['The following clause of a conciliation agreement between Mr Collier and Mr Sunol dated 15 November 2007 is registered: John Sunol agrees not to post any further material on any website whether controlled by him or not that refers to homosexual people or homosexuality in a manner which breaches the relevant clauses...