Haas v Hosking [2010] NSWADT 42

Haas v Hosking [2010] NSWADT 42

The Tribunal was not satisfied, even on the balance of probabilities, that Mr Hosking uttered the alleged words or similar words, or that any such words were communicated to a member of the public or within their hearing or presence. Any words uttered formed part of private conversations conducted in a normal conversational tone and were not intended to be overheard by anyone other than the participants. The complaint was therefore dismissed.

Jurisdiction
Australia
Judgment Date
11 February 2010
Procedural Posture
Racial Vilification Complaint Under the Anti Discrimination Act 1977 / Final Decision After Referral to the Tribunal for Determination Under Section 93 C
Outcome
Application dismissed
Legal Topics
['racial Vilification' 'public Act' 'race and Ethno Religious Origin' 'civil Standard of Proof']
['anti Discrimination Law' 'equal Opportunity'] ['racial Vilification' 'public Act' 'race and Ethno Religious Origin' 'civil Standard of Proof']

Case Brief

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Procedural Posture

Racial Vilification Complaint Under the Anti Discrimination Act 1977 / Final Decision After Referral to the Tribunal for Determination Under Section 93 C

Legal Issues

  1. 1 ['Whether the words complained of were said by Mr Hosking.' 'If they were said, whether they were communicated to, or in the hearing or presence of, members of the public.' 'If so, whether they incited hatred, serious contempt, or severe ridicule.' 'If so, whether such hatred, contempt or ridicule was incited on the ground of race.']

Ratio Decidendi

The Tribunal was not satisfied, even on the balance of probabilities, that Mr Hosking uttered the alleged words or similar words, or that any such words were communicated to a member of the public or within their hearing or presence. Any words uttered formed part of private conversations conducted in a normal conversational tone and were not intended to be overheard by anyone other than the participants. The complaint was therefore dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed']