Cohen & anor v Harguos; Karelicki v Harguos (No 2) [2006] NSWADT 275

Cohen & anor v Harguos; Karelicki v Harguos (No 2) [2006] NSWADT 275

Given the substantiated complaint of racial vilification, it is appropriate to order compensatory damages and publication of an apology, but not further orders such as compulsory education or personal apologies, given the respondent's lack of contrition or participation. The applicants' distress warrants compensation, but no grounds exist for an order as to costs.

Parties
First Applicant: Anna Cohen; Second Applicant: Martin Cohen; Third Applicant: Alicia Karelicki; Respondent: Martin Harguos
Jurisdiction
Australia
Judgment Date
22 September 2006
Procedural Posture
Administrative Law Equal Opportunity / Relief and Costs Determination
Outcome
Relief granted in part; damages and apology ordered; costs refused.
Legal Topics
Racial Vilification, Compensation for Discrimination, Apology Orders, Costs Applications
Equal Opportunity Anti Discrimination Racial Vilification Compensation for Discrimination Apology Orders Costs Applications

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Parties

Anna Cohen

First Applicant

Martin Cohen

Second Applicant

Alicia Karelicki

Third Applicant

Martin Harguos

Respondent

Procedural Posture

Administrative Law Equal Opportunity / Relief and Costs Determination

Legal Issues

  1. 1 What relief and costs should be ordered following a finding of unlawful racial vilification?

Ratio Decidendi

Given the substantiated complaint of racial vilification, it is appropriate to order compensatory damages and publication of an apology, but not further orders such as compulsory education or personal apologies, given the respondent's lack of contrition or participation. The applicants' distress warrants compensation, but no grounds exist for an order as to costs.

Court Disposition

Relief granted in part; damages and apology ordered; costs refused.

Orders

  • The Respondent pay each Applicant the sum of $1500 within 21 days of the date of these orders.
  • The Respondent shall cause an apology to be published in the Sydney Morning Herald or the Daily Telegraph and the Spanish Herald or the Estra Informativo, in specified terms, within 28 days.