Creek v Cairns Post Pty Ltd [2001] FCA 1007

Creek v Cairns Post Pty Ltd [2001] FCA 1007

Although the publication of the applicant's photograph was objectively likely to offend or humiliate an Aboriginal mother in Coen, there was no evidence that its publication was actuated by considerations of race; thus, the second limb of s 18C was not established and the application must be dismissed.

Parties
Applicant: Patricia Donna Creek; Respondent: Cairns Post Pty Ltd
Jurisdiction
Australia
Judgment Date
31 July 2001
Procedural Posture
Civil / Final Judgment
Outcome
application dismissed
Legal Topics
Racial Discrimination, Racial Hatred, Statutory Interpretation, Publication of Photographs
Discrimination Law Racial Discrimination Racial Hatred Statutory Interpretation Publication of Photographs

Case Brief

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Parties

Patricia Donna Creek

Applicant

Cairns Post Pty Ltd

Respondent

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the publication of the applicant's photograph was reasonably likely to offend or humiliate because of race under s 18C Racial Discrimination Act 1975 (Cth)
  2. 2 Whether the act was done 'because of' race
  3. 3 Whether the defence of a fair and accurate report applies under s 18D Racial Discrimination Act 1975 (Cth)

Ratio Decidendi

Although the publication of the applicant's photograph was objectively likely to offend or humiliate an Aboriginal mother in Coen, there was no evidence that its publication was actuated by considerations of race; thus, the second limb of s 18C was not established and the application must be dismissed.

Court Disposition

application dismissed

Orders

  • The application will be dismissed.
  • The parties have liberty to apply in relation to the question of costs.