Radio 2UE Sydney Pty Ltd & Ors v Burns (No 2) (EOD) [2008] NSWADTAP 53

Radio 2UE Sydney Pty Ltd & Ors v Burns (No 2) (EOD) [2008] NSWADTAP 53

Leave to extend the appeal to the merits should be granted because Mr Price and Mr Laws were not made aware of the defence or the importance of giving direct evidence, resulting in a denial of a fair opportunity to defend themselves. In the interests of justice, their evidence should now be heard.

Parties
Appellant: Radio 2UE Sydney Pty Ltd; Appellant: John Laws; Appellant: Steve Price; Respondent: Gary Burns
Jurisdiction
Australia
Procedural Posture
Appeal / Ruling on Application for Leave to Extend Appeal to Merits
Outcome
Application for leave to extend to merits granted; matter remitted to Tribunal; costs orders made.
Legal Topics
Homosexual Vilification, Procedural Fairness, Leave to Appeal, Reopening Evidence
Anti Discrimination Law Administrative Law Homosexual Vilification Procedural Fairness Leave to Appeal Reopening Evidence

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Parties

Radio 2UE Sydney Pty Ltd

Appellant

John Laws

Appellant

Steve Price

Appellant

Gary Burns

Respondent

Procedural Posture

Appeal / Ruling on Application for Leave to Extend Appeal to Merits

Legal Issues

  1. 1 Whether appellants should be granted leave to extend the appeal to consider merits on the basis they were not given opportunity to give relevant evidence
  2. 2 Whether conduct of Mr Price and Mr Laws entitled them to rely on the defence under s 49ZT(2) Anti-Discrimination Act 1977

Ratio Decidendi

Leave to extend the appeal to the merits should be granted because Mr Price and Mr Laws were not made aware of the defence or the importance of giving direct evidence, resulting in a denial of a fair opportunity to defend themselves. In the interests of justice, their evidence should now be heard.

Court Disposition

Application for leave to extend to merits granted; matter remitted to Tribunal; costs orders made.

Orders

  • (A) Appellants' application for leave to extend to the merits granted to allow consideration of the evidence of Mr Price and Mr Laws in connection with the defence under s 49ZT(2) Anti-Discrimination Act 1977
  • (B) Case remitted to the Tribunal below, if possible as previously constituted, subject to directions restricting consideration to statements A3, A4, and related materials