Lamb v Campbell [2021] NSWCATAD 103

Lamb v Campbell [2021] NSWCATAD 103

Mr Campbell's publicly shouted racist and homophobic insults at Mr Lamb, in a manner heard by others in a public street, constituted a 'public act' under s 20B of the AD Act and were capable of inciting hatred, serious contempt for, or severe ridicule of Mr Lamb on the ground of his race, contrary to s 20C. Therefore, the complaint of racial vilification is substantiated, justifying damages and corrective orders.

Jurisdiction
Australia
Judgment Date
28 April 2021
Procedural Posture
Complaint Under Anti Discrimination Act 1977 (nsw) / Final Decision
Outcome
Complaint substantiated. Orders made for damages and public statement.
Legal Topics
['racial Vilification' 'public Acts']
['anti Discrimination' 'administrative Law'] ['racial Vilification' 'public Acts']

Case Brief

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Procedural Posture

Complaint Under Anti Discrimination Act 1977 (nsw) / Final Decision

Legal Issues

  1. 1 ["Whether the respondent's conduct constituted a 'public act' within the meaning of s 20B of the Anti-Discrimination Act 1977 (NSW)" "Whether the respondent's act incited hatred, serious contempt, or severe ridicule of the applicant on the ground of race under s 20C of the AD Act" 'Whether compensation and remedial orders should be made under s 108 of the AD Act']

Ratio Decidendi

Mr Campbell's publicly shouted racist and homophobic insults at Mr Lamb, in a manner heard by others in a public street, constituted a 'public act' under s 20B of the AD Act and were capable of inciting hatred, serious contempt for, or severe ridicule of Mr Lamb on the ground of his race, contrary to s 20C. Therefore, the complaint of racial vilification is substantiated, justifying damages and corrective orders.

Court Disposition

Complaint substantiated. Orders made for damages and public statement.

Orders

  • ['The complaint of unlawful racial vilification is substantiated.' 'The Respondent is to pay the Applicant $2,250 as damages for harm caused within four weeks of publication of the decision.' 'The Respondent is to publish a public statement in the Manning River Times within two months in the main publication...