Ekermawi v Jones & anor [2008] NSWADT 93

Ekermawi v Jones & anor [2008] NSWADT 93

Leave for the complaint to proceed was refused as the substance of the complaint had already been investigated by an appropriate regulatory authority (ACMA), which had resulted in findings, apologies and remedial action by the respondent, and further pursuit would not significantly add remedial value; public policy considerations for finality and avoiding duplication of proceedings were determinative.

Parties
Applicant: Sam Ekermawi; First Respondent: Alan Jones; Second Respondent: Harbour Radio Pty Ltd trading as Radio 2GB
Jurisdiction
Australia
Judgment Date
20 March 2008
Procedural Posture
Leave to Proceed (equal Opportunity/anti Discrimination) / Preliminary Application for Leave
Outcome
Leave to proceed refused
Legal Topics
Racial Vilification, Leave to Proceed Under Anti Discrimination Act
Equal Opportunity Anti Discrimination Racial Vilification Leave to Proceed Under Anti Discrimination Act

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Parties

Sam Ekermawi

Applicant

Alan Jones

First Respondent

Harbour Radio Pty Ltd trading as Radio 2GB

Second Respondent

Procedural Posture

Leave to Proceed (equal Opportunity/anti Discrimination) / Preliminary Application for Leave

Legal Issues

  1. 1 Whether there is a substantial reason to grant leave for a complaint of racial vilification to proceed under the Anti-Discrimination Act 1977 after presidential decline for lack of substance
  2. 2 Whether the complaint has reasonable prospects of success
  3. 3 Whether steps taken by respondent to remedy/redress the conduct justify refusal of leave

Ratio Decidendi

Leave for the complaint to proceed was refused as the substance of the complaint had already been investigated by an appropriate regulatory authority (ACMA), which had resulted in findings, apologies and remedial action by the respondent, and further pursuit would not significantly add remedial value; public policy considerations for finality and avoiding duplication of proceedings were determinative.

Court Disposition

Leave to proceed refused

Orders

  • Leave is refused for the complaint of racial vilification against Alan Jones to proceed
  • Leave is refused for the complaint of racial vilification against Harbour Radio Pty Ltd trading as Radio 2GB to proceed