Carroll v Tokdogan & Anor [2015] NSWCATAD 200

Carroll v Tokdogan & Anor [2015] NSWCATAD 200

The alleged acts although found to have occurred and to constitute public acts conveying contempt/hate did not have the capacity to incite hatred, serious contempt or severe ridicule in the ordinary member of the relevant audience; thus, no contravention of s 49ZT. Mrs Tokdogan's false report to NSW Housing constituted victimisation under s 50 as it subjected Mr Carroll to real detriment on the ground that he had instituted a Board complaint.

Parties
Applicant: Stephen Carroll; First Respondent: Arif Tokdogan; Second Respondent: Sarah Tokdogan
Jurisdiction
Australia
Judgment Date
02 October 2015
Procedural Posture
Complaint Under Anti Discrimination Act / Final Merits Decision
Outcome
Complaint of homosexual vilification dismissed; complaint of victimisation substantiated in part against Second Respondent; balance of complaint dismissed.
Legal Topics
Homosexual Vilification, Victimisation, Open Justice, Suppression Orders
Administrative Law Equal Opportunity Homosexual Vilification Victimisation Open Justice Suppression Orders

Case Brief

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Parties

Stephen Carroll

Applicant

Arif Tokdogan

First Respondent

Sarah Tokdogan

Second Respondent

Procedural Posture

Complaint Under Anti Discrimination Act / Final Merits Decision

Legal Issues

  1. 1 Whether conduct constituted unlawful homosexual vilification under s 49ZT of the Anti-Discrimination Act 1977 (NSW)
  2. 2 Whether conduct constituted unlawful victimisation under s 50 of the Anti-Discrimination Act 1977 (NSW)
  3. 3 Application of suppression orders under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW)

Ratio Decidendi

The alleged acts although found to have occurred and to constitute public acts conveying contempt/hate did not have the capacity to incite hatred, serious contempt or severe ridicule in the ordinary member of the relevant audience; thus, no contravention of s 49ZT. Mrs Tokdogan's false report to NSW Housing constituted victimisation under s 50 as it subjected Mr Carroll to real detriment on the ground that he had instituted a Board complaint.

Court Disposition

Complaint of homosexual vilification dismissed; complaint of victimisation substantiated in part against Second Respondent; balance of complaint dismissed.

Orders

  • Complaint of homosexual vilification is dismissed.
  • Complaint of victimisation against Mrs Tokdogan is substantiated in part; balance dismissed.