Ekermawi v Jones and Harbour Radio Pty Ltd t/as Radio 2GB [2010] NSWADT 262

Ekermawi v Jones and Harbour Radio Pty Ltd t/as Radio 2GB [2010] NSWADT 262

It was fair and just to grant leave because the complaint was sufficiently identified, it was at least arguable that Mr Ekermawi had standing, the complaint was not shown to lack substance at the leave stage, the applicant was not required to have heard the broadcast or to prove actual incitement before leave was granted, and the racial vilification issues raised complex and technical questions more appropriately determined after evidence at a substantive hearing.

Jurisdiction
Australia
Judgment Date
05 November 2010
Procedural Posture
Racial Vilification Complaint Under the Anti Discrimination Act 1977 / Application for Leave for a Declined Complaint to Proceed After Remittal to the Tribunal
Outcome
Leave granted.
Legal Topics
['racial Vilification' 'leave to Proceed' 'standing' 'public Act' 'incitement' 'remittal']
['anti Discrimination Law' 'equal Opportunity Law' 'administrative Law'] ['racial Vilification' 'leave to Proceed' 'standing' 'public Act' 'incitement' 'remittal']

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Procedural Posture

Racial Vilification Complaint Under the Anti Discrimination Act 1977 / Application for Leave for a Declined Complaint to Proceed After Remittal to the Tribunal

Legal Issues

  1. 1 ["Whether leave should be granted for Mr Ekermawi's racial vilification complaint to proceed under s 96 of the Anti-Discrimination Act 1977." 'Whether the complaint was vague and uncertain.' 'Whether Mr Ekermawi had standing to bring the complaint despite not hearing the broadcast and in light of his claimed race.' 'Whether the complaint lacked substance, including whether there was a public act, whether the relevant audience had to be identified, whether evidence of actual incitement was required, and whether race had to be the ground or reason for vilification.' 'Whether Harbour Radio Pty Ltd t/as Radio 2GB could be liable on the basis that it engaged in the public act rather than on vicarious liability.']

Ratio Decidendi

It was fair and just to grant leave because the complaint was sufficiently identified, it was at least arguable that Mr Ekermawi had standing, the complaint was not shown to lack substance at the leave stage, the applicant was not required to have heard the broadcast or to prove actual incitement before leave was granted, and the racial vilification issues raised complex and technical questions more appropriately determined after evidence at a substantive hearing.

Court Disposition

Leave granted.

Orders

  • ["Leave for the applicant's complaint of racial vilification to proceed is granted."]