Mitry v Abbas [2013] NSWADT 214

Mitry v Abbas [2013] NSWADT 214

Leave to proceed with the complaint is refused because the respondent made an apology in open court and has taken appropriate steps to remedy the conduct; further tribunal involvement would add little given the relatively low level of incitement and the apology made. The requirements for a 'public act' and racial vilification were likely met, but the case does not warrant a formal order or damages.

Parties
Applicant: Rick Mitry; Respondent: Talgat Abbas
Jurisdiction
Australia
Judgment Date
01 October 2013
Procedural Posture
Application for Leave to Proceed With Complaint (racial Vilification) / Leave Application Under Section 96 of the Anti Discrimination Act 1977
Outcome
Leave to proceed refused
Legal Topics
Racial Vilification, Leave to Proceed, Public Act Requirement
Anti Discrimination Law Equal Opportunity Law Racial Vilification Leave to Proceed Public Act Requirement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rick Mitry

Applicant

Talgat Abbas

Respondent

Procedural Posture

Application for Leave to Proceed With Complaint (racial Vilification) / Leave Application Under Section 96 of the Anti Discrimination Act 1977

Legal Issues

  1. 1 Whether leave should be granted to proceed with a complaint of unlawful racial vilification under section 96 of the Anti-Discrimination Act 1977
  2. 2 Whether the alleged conduct constitutes a 'public act' under section 20B(b) of the Act
  3. 3 Whether the respondent's comments amounted to unlawful racial vilification under section 20C

Ratio Decidendi

Leave to proceed with the complaint is refused because the respondent made an apology in open court and has taken appropriate steps to remedy the conduct; further tribunal involvement would add little given the relatively low level of incitement and the apology made. The requirements for a 'public act' and racial vilification were likely met, but the case does not warrant a formal order or damages.

Court Disposition

Leave to proceed refused

Orders

  • Leave to proceed with the complaint is refused.
  • No order as to costs.