Sunol v Collier [2009] NSWADTAP 34

Sunol v Collier [2009] NSWADTAP 34

The questions of law raised involve constitutional interpretation which the Tribunal cannot determine and are thus appropriately referred to the Supreme Court under s 118 of the Administrative Decisions Tribunal Act 1997.

Parties
Appellant: John Sunol; Respondent: Henry Collier
Jurisdiction
Australia
Judgment Date
04 June 2009
Procedural Posture
Appeal / Refer Questions of Law to Supreme Court
Outcome
questions of law referred to Supreme Court
Legal Topics
Freedom of Communication About Government or Political Matters, Referral of Questions of Law, Anti Discrimination Act 1977 (nsw)
Constitutional Law Administrative Law Freedom of Communication About Government or Political Matters Referral of Questions of Law Anti Discrimination Act 1977 (nsw)

Case Brief

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Parties

John Sunol

Appellant

Henry Collier

Respondent

Procedural Posture

Appeal / Refer Questions of Law to Supreme Court

Legal Issues

  1. 1 Whether identified communications or public acts invoke or enliven the constitutional implication of freedom of communication about government or political matters
  2. 2 Whether s 49ZT of the Anti-Discrimination Act 1977 (NSW) should be read down to conform to the constitutional implication of freedom of communication
  3. 3 Whether ss. 91A(6) to (9) and 114 of the Anti-Discrimination Act 1977 (NSW) are unlawful or ultra vires or should be read down

Ratio Decidendi

The questions of law raised involve constitutional interpretation which the Tribunal cannot determine and are thus appropriately referred to the Supreme Court under s 118 of the Administrative Decisions Tribunal Act 1997.

Court Disposition

questions of law referred to Supreme Court

Orders

  • Pursuant to s 118 of the Administrative Decisions Tribunal Act 1997, questions of law concerning communications or public acts, interpretation of s 49ZT, and validity or construction of ss. 91A(6) to (9) and 114, Anti-Discrimination Act 1977 (NSW), are referred to the Supreme Court for opinion.