Ekermawi v Jones and Harbour Radio Pty Ltd [2011] NSWADT 280

Ekermawi v Jones and Harbour Radio Pty Ltd [2011] NSWADT 280

The Tribunal found that the applicant is an Arab, that 'Arab' is a race within the meaning of the Anti-Discrimination Act 1977 (NSW), and that the complained of conduct was directed against the race to which the applicant belongs; therefore, the applicant has standing and the application to dismiss is refused.

Parties
Applicant: Sam Ekermawi; First Respondent: Alan Jones; Second Respondent: Harbour Radio Pty Ltd t/as 2GB
Jurisdiction
Australia
Judgment Date
29 November 2011
Procedural Posture
Interlocutory Application / Application to Dismiss Complaint for Lack of Standing
Outcome
Respondents' application to dismiss complaint refused; matter listed for case conference.
Legal Topics
Racial Vilification, Standing, Definition of Race, Anti Discrimination Act 1977 (nsw)
Anti Discrimination Law Administrative Law Racial Vilification Standing Definition of Race Anti Discrimination Act 1977 (nsw)

Case Brief

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Parties

Sam Ekermawi

Applicant

Alan Jones

First Respondent

Harbour Radio Pty Ltd t/as 2GB

Second Respondent

Procedural Posture

Interlocutory Application / Application to Dismiss Complaint for Lack of Standing

Legal Issues

  1. 1 Whether the applicant has standing under s 88 of the Anti-Discrimination Act 1977 (NSW) to bring a complaint of racial vilification
  2. 2 Whether 'Arab' is a 'race' within the meaning of the Act
  3. 3 Whether the comments in question concerned the applicant's race

Ratio Decidendi

The Tribunal found that the applicant is an Arab, that 'Arab' is a race within the meaning of the Anti-Discrimination Act 1977 (NSW), and that the complained of conduct was directed against the race to which the applicant belongs; therefore, the applicant has standing and the application to dismiss is refused.

Court Disposition

Respondents' application to dismiss complaint refused; matter listed for case conference.

Orders

  • The respondents' application for all or part of the complaint to be dismissed is refused.
  • The matter is listed for case conference on 19 December 2011 at 9.30am.