Cohen v Hargous; Karelicki v Hargous [2006] NSWADT 209

Cohen v Hargous; Karelicki v Hargous [2006] NSWADT 209

The respondent's remarks constituted a public act capable of inciting serious contempt for or severe ridicule of Jewish people on the ground of their race. Jewish people are recognised as an ethnic group under the Anti-Discrimination Act, and the remarks constituted unlawful racial vilification under s 20C.

Jurisdiction
Australia
Judgment Date
20 July 2006
Procedural Posture
Complaint Under Anti Discrimination Act / Substantive Determination
Outcome
Complaints substantiated; relief to be determined.
Legal Topics
['racial Vilification' 'ethnic Group Classification']
['anti Discrimination' 'equal Opportunity'] ['racial Vilification' 'ethnic Group Classification']

Case Brief

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Procedural Posture

Complaint Under Anti Discrimination Act / Substantive Determination

Legal Issues

  1. 1 ['Whether comments by the respondent constituted unlawful racial vilification under s 20C of the Anti-Discrimination Act 1977' 'Whether Jewish people constitute an ethnic group for purposes of the Act']

Ratio Decidendi

The respondent's remarks constituted a public act capable of inciting serious contempt for or severe ridicule of Jewish people on the ground of their race. Jewish people are recognised as an ethnic group under the Anti-Discrimination Act, and the remarks constituted unlawful racial vilification under s 20C.

Court Disposition

Complaints substantiated; relief to be determined.

Orders

  • ['The complaints of racial vilification made by Martin Cohen, Anna Cohen and Alicia Karelicki are substantiated.' "The issue of relief is to be determined 'on the paper' unless an application for a further hearing is received from one of the parties." "If no such application is received, the Applicants are invited...