Tallong Park Association Inc v Sutherland; Sutherland v Tallong Park Association Inc (No 2) [2007] NSWADTAP 33

Tallong Park Association Inc v Sutherland; Sutherland v Tallong Park Association Inc (No 2) [2007] NSWADTAP 33

It was appropriate to order the Association to publish an apology acknowledging that its discriminatory conduct was unlawful, but not in the lengthy form proposed by Mr Sutherland because the purpose of the apology was not to inform members of the history and outcomes of the litigation. No costs order was justified because s 110 creates a presumption that each party pays its own costs, success or relative success is not decisive, and Mr Sutherland identified no conduct by the Association in the litigation that warranted departing from that presumption.

Jurisdiction
Australia
Judgment Date
06 July 2007
Procedural Posture
Appeal Concerning Remedies and Costs in a Disability Discrimination Complaint / Appeal Panel Decision on the Papers After Submissions Closed
Outcome
The Association was ordered to publish an apology to Mr Sutherland; no order was made as to costs.
Legal Topics
['disability Discrimination' 'indirect Discrimination' 'apology Order' 'tribunal Costs Discretion' 'scope of Tribunal Order']
['anti Discrimination Law' 'administrative Law' 'costs'] ['disability Discrimination' 'indirect Discrimination' 'apology Order' 'tribunal Costs Discretion' 'scope of Tribunal Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Concerning Remedies and Costs in a Disability Discrimination Complaint / Appeal Panel Decision on the Papers After Submissions Closed

Legal Issues

  1. 1 ['Whether the Association should be ordered to publish an apology to Mr Sutherland under s 108(2)(d) of the Anti-Discrimination Act 1977.' 'If an apology should be ordered, what form and manner of publication should be required.' "Whether the Association should be ordered to pay Mr Sutherland's costs of the appeal."]

Ratio Decidendi

It was appropriate to order the Association to publish an apology acknowledging that its discriminatory conduct was unlawful, but not in the lengthy form proposed by Mr Sutherland because the purpose of the apology was not to inform members of the history and outcomes of the litigation. No costs order was justified because s 110 creates a presumption that each party pays its own costs, success or relative success is not decisive, and Mr Sutherland identified no conduct by the Association in the litigation that warranted departing from that presumption.

Court Disposition

The Association was ordered to publish an apology to Mr Sutherland; no order was made as to costs.

Orders

  • ['The Association is to publish an apology in the following form: APOLOGY In accordance with an order of the Appeal Panel of the Administrative Decisions Tribunal made on 6 July 2007, the Tallong Park Association Inc states the following: The Administrative Decisions Tribunal has found that the Tallong Park...