Duan v Bridge [2024] NSWCATAD 349

Duan v Bridge [2024] NSWCATAD 349

Making the statement 'I don't care. Aren't you Jackie Chan jumping off the roof?' as Ms Bridge sprayed Mr Duan with water from her hose, causing him to be physically endangered and mocked based on his Asian appearance, constituted a 'public act' capable of inciting severe ridicule on the ground of race, contrary to s20C of the Anti-Discrimination Act 1977 (NSW).

Parties
Applicant: Xining Duan; Respondent: Nina Bridge
Jurisdiction
Australia
Judgment Date
21 November 2024
Procedural Posture
Racial Vilification Complaint / Principal Judgment
Legal Topics
Racial Vilification, Public Act, Incite Severe Ridicule, Damages, Remedies
Human Rights Anti Discrimination Racial Vilification Public Act Incite Severe Ridicule Damages Remedies

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Parties

Xining Duan

Applicant

Nina Bridge

Respondent

Procedural Posture

Racial Vilification Complaint / Principal Judgment

Legal Issues

  1. 1 Whether Ms Bridge's conduct constituted a 'public act' within the meaning of s20B of the Anti-Discrimination Act 1977 (NSW)
  2. 2 Whether the public act incited severe ridicule towards Mr Duan on the ground of his race in contravention of s20C
  3. 3 Whether remedies including compensation should be awarded

Ratio Decidendi

Making the statement 'I don't care. Aren't you Jackie Chan jumping off the roof?' as Ms Bridge sprayed Mr Duan with water from her hose, causing him to be physically endangered and mocked based on his Asian appearance, constituted a 'public act' capable of inciting severe ridicule on the ground of race, contrary to s20C of the Anti-Discrimination Act 1977 (NSW).