Sunol v Burns [2018] NSWCATAD 259
Although the respondent's conduct was found capable of constituting contempt of the Tribunal, the Tribunal exercised its discretion not to refer the matter to the Supreme Court, citing the limited publication of the material, subsequent appropriate handling by Tribunal members, and absence of public harm.
- Parties
- Applicant: John Christopher Sunol; Respondent: Garry Burns
- Jurisdiction
- Australia
- Judgment Date
- 08 November 2018
- Procedural Posture
- Application for Referral for Contempt / Decision on Application
- Outcome
- Application dismissed
- Legal Topics
- Contempt of Tribunal, Referral to Supreme Court, Discretion to Refer, Publication of Allegedly Contemptible Material, Recusal Application
Case Brief
Summary, issues, holding and outcome
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Parties
John Christopher Sunol
Applicant
Garry Burns
Respondent
Procedural Posture
Application for Referral for Contempt / Decision on Application
Legal Issues
- 1 Whether conduct by the respondent (Garry Burns) amounts to contempt of the Tribunal under section 73 of the Civil and Administrative Tribunal Act
- 2 Whether the matter should be referred to the Supreme Court of NSW for determination under section 73 of the Act
Ratio Decidendi
Although the respondent's conduct was found capable of constituting contempt of the Tribunal, the Tribunal exercised its discretion not to refer the matter to the Supreme Court, citing the limited publication of the material, subsequent appropriate handling by Tribunal members, and absence of public harm.
Court Disposition
Application dismissed
Orders
- The application is dismissed.
Full Case Text
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