Sunol v Burns [2015] NSWCATAP 207

Sunol v Burns [2015] NSWCATAP 207

The restraining order made by the Tribunal was properly within its statutory powers, was sufficiently clear for an ordinary reasonable reader to understand, and covered statements to the same or similar effect regardless of the website's control, thus lawfully restraining repetition of unlawful conduct found under s 49ZT of the Anti-Discrimination Act 1977 (NSW).

Parties
Appellant: John Christopher Sunol; Respondent: Gary Burns
Jurisdiction
Australia
Judgment Date
24 September 2015
Procedural Posture
Appeal / Civil and Administrative Tribunal Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
Homosexual Vilification, Public Act, Incitement, Restraining Order, Remedies
Anti Discrimination Administrative Law Homosexual Vilification Public Act Incitement Restraining Order Remedies

Case Brief

Summary, issues, holding and outcome

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Parties

John Christopher Sunol

Appellant

Gary Burns

Respondent

Procedural Posture

Appeal / Civil and Administrative Tribunal Appeal Panel Decision

Legal Issues

  1. 1 Whether the restraining order made under s 108(2) of the Anti-Discrimination Act 1977 (NSW) was valid and enforceable
  2. 2 Whether the Tribunal properly applied the test of 'Public Act' within the meaning of s 49ZS of the Act
  3. 3 Whether the Tribunal exceeded its jurisdiction or exercised it improperly in restraining conduct on websites not controlled by the appellant

Ratio Decidendi

The restraining order made by the Tribunal was properly within its statutory powers, was sufficiently clear for an ordinary reasonable reader to understand, and covered statements to the same or similar effect regardless of the website's control, thus lawfully restraining repetition of unlawful conduct found under s 49ZT of the Anti-Discrimination Act 1977 (NSW).

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.