Ekermawi v Jones and Harbour Radio Pty Ltd [2013] NSWADT 79

Ekermawi v Jones and Harbour Radio Pty Ltd [2013] NSWADT 79

The applications to amend were refused because the applicant was not alleging that everything in the broadcast constituted racial vilification and failed to identify specific comments for assessment. The transcript's authenticity was not established, warranting its exclusion. Costs were refused as the respondents incurred no extra costs from alternative amendment applications.

Parties
Applicant: Sam Ekermawi; Respondent: Alan Jones; Respondent: Harbour Radio Pty Ltd t/as Radio 2GB
Jurisdiction
Australia
Judgment Date
17 April 2013
Procedural Posture
Interlocutory Application / Motion to Amend Complaint; Motion for Costs
Outcome
Application to amend complaint refused; application for costs refused; matter listed for directions hearing.
Legal Topics
Racial Vilification, Amendment of Complaint, Costs
Equal Opportunity Racial Vilification Amendment of Complaint Costs

Case Brief

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Parties

Sam Ekermawi

Applicant

Alan Jones

Respondent

Harbour Radio Pty Ltd t/as Radio 2GB

Respondent

Procedural Posture

Interlocutory Application / Motion to Amend Complaint; Motion for Costs

Legal Issues

  1. 1 Whether applicant should be permitted to amend complaint to include the entire broadcast or further specified comments
  2. 2 Whether transcript should be admitted into evidence
  3. 3 Whether costs should be awarded

Ratio Decidendi

The applications to amend were refused because the applicant was not alleging that everything in the broadcast constituted racial vilification and failed to identify specific comments for assessment. The transcript's authenticity was not established, warranting its exclusion. Costs were refused as the respondents incurred no extra costs from alternative amendment applications.

Court Disposition

Application to amend complaint refused; application for costs refused; matter listed for directions hearing.

Orders

  • The applicant's application to amend the complaint is refused.
  • The respondents' application for costs is refused.