Kimble & Souris -v- Orr [2003] NSWADT 49

Kimble & Souris -v- Orr [2003] NSWADT 49

The Respondent's loud racially abusive remarks to Mr Kimble, including references to him as a "black bastard" and "a coon", were made on the ground of Mr Kimble's race and in circumstances constituting a public act. Objectively, the remarks were capable of inciting hatred towards, serious contempt for, or severe ridicule of Mr Kimble, so Mr Kimble's complaint of unlawful racial vilification was substantiated. The claims under Section 20(2)(b) and Section 19 were dismissed because, when the abuse occurred, the Respondent was off duty, was not the leasing agent, and was not acting as principal or agent in relation to the Applicants' accommodation needs or providing relevant services to...

Jurisdiction
Australia
Judgment Date
11 March 2003
Procedural Posture
Race Discrimination Accommodation Racial Vilification / Principal Matter; Complaints Referred to the Tribunal Under Section 94(1) of the Anti Discrimination Act 1977 After Unsuccessful Conciliation
Outcome
Mr Kimble's complaint of unlawful racial vilification was substantiated; the other claims by Mr Kimble and Mrs Souris were dismissed.
Legal Topics
['race Discrimination' 'accommodation Discrimination' 'provision of Goods and Services' 'racial Vilification' 'compensation for Hurt and Humiliation']
['anti Discrimination Law' 'equal Opportunity'] ['race Discrimination' 'accommodation Discrimination' 'provision of Goods and Services' 'racial Vilification' 'compensation for Hurt and Humiliation']

Case Brief

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Procedural Posture

Race Discrimination Accommodation Racial Vilification / Principal Matter; Complaints Referred to the Tribunal Under Section 94(1) of the Anti Discrimination Act 1977 After Unsuccessful Conciliation

Legal Issues

  1. 1 ["Whether the Respondent discriminated against the Applicants on the ground of Mr Kimble's race, or the race of Mrs Souris's relative, and whether any discrimination was unlawful under Section 20(2)(b) of the Anti-Discrimination Act 1977." 'Whether the Respondent unlawfully discriminated against the Applicants in the provision of goods or services under Section 19 of the Anti-Discrimination Act 1977.' "Whether the Respondent's racially abusive remarks to Mr Kimble were a public act capable of inciting hatred towards, serious contempt for, or severe ridicule of Mr Kimble on the ground of race under Section 20C(1) of the Anti-Discrimination Act 1977." 'What remedy should be ordered if unlawful racial vilification was established.']

Ratio Decidendi

The Respondent's loud racially abusive remarks to Mr Kimble, including references to him as a "black bastard" and "a coon", were made on the ground of Mr Kimble's race and in circumstances constituting a public act. Objectively, the remarks were capable of inciting hatred towards, serious contempt for, or severe ridicule of Mr Kimble, so Mr Kimble's complaint of unlawful racial vilification was substantiated. The claims under Section 20(2)(b) and Section 19 were dismissed because, when the abuse occurred, the Respondent was off duty, was not the leasing agent, and was not acting as principal or agent in relation to the Applicants' accommodation needs or providing relevant services to...

Court Disposition

Mr Kimble's complaint of unlawful racial vilification was substantiated; the other claims by Mr Kimble and Mrs Souris were dismissed.

Orders

  • ['The Tribunal directs that the Respondent pay to Mr Kimble an amount of $2,000.00.' 'There will be no order as to costs.']