Ekermawi v Nine Network Australia Pty Limited [2018] NSWCATAD 112

Ekermawi v Nine Network Australia Pty Limited [2018] NSWCATAD 112

The Tribunal refused to summarily dismiss the complaint because the proposition that Muslims living in Australia constitute a group with an ethno-religious origin is not untenable or so lacking in merit as to warrant dismissal without a hearing. There is no binding authority compelling dismissal on this ground, and the applicant’s asserted fact must be accepted for this stage. The complaint raises arguable issues suitable for full hearing.

Parties
Applicant: Sam Ekermawi; First Respondent: Nine Network Australia Pty Limited; Second Respondent: Sonia Kruger
Jurisdiction
Australia
Judgment Date
29 May 2018
Procedural Posture
Application for Summary Dismissal of Racial Vilification Complaint / Interlocutory (application for Summary Dismissal)
Outcome
Application for summary dismissal refused; complaint proceeds to directions hearing
Legal Topics
Racial Vilification, Ethno Religious Origin, Summary Dismissal, Standing to Complain, Interpretation of 'race' Under Anti Discrimination Act
Human Rights Anti Discrimination Law Racial Vilification Ethno Religious Origin Summary Dismissal Standing to Complain Interpretation of 'race' Under Anti Discrimination Act

Case Brief

Summary, issues, holding and outcome

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Parties

Sam Ekermawi

Applicant

Nine Network Australia Pty Limited

First Respondent

Sonia Kruger

Second Respondent

Procedural Posture

Application for Summary Dismissal of Racial Vilification Complaint / Interlocutory (application for Summary Dismissal)

Legal Issues

  1. 1 Whether Muslims living in Australia constitute a 'race' or group with an 'ethno-religious origin' under Anti-Discrimination Act 1977 (NSW)
  2. 2 Whether the complaint should be summarily dismissed as untenable, frivolous, vexatious or lacking substance
  3. 3 Whether the applicant (Mr Ekermawi) has standing under s 88 of the Act

Ratio Decidendi

The Tribunal refused to summarily dismiss the complaint because the proposition that Muslims living in Australia constitute a group with an ethno-religious origin is not untenable or so lacking in merit as to warrant dismissal without a hearing. There is no binding authority compelling dismissal on this ground, and the applicant’s asserted fact must be accepted for this stage. The complaint raises arguable issues suitable for full hearing.

Court Disposition

Application for summary dismissal refused; complaint proceeds to directions hearing

Orders

  • The application by Nine Network Australia Pty Limited and Ms Kruger for Mr Ekermawi's complaint of racial vilification to be summarily dismissed is refused.
  • The matter is listed for Directions on 19 June 2018 at 2:00 p.m.