Bharatiya v Antonio

In the case of Bharatiya v Antonio, the applicant, Bharatiya, sought a declaration of unlawfulness and damages from the respondent, Antonio, for breaches of section 18C of the Racial Discrimination Act 1975 (Cth). The court was required to determine whether Antonio's conduct, which included referring to Bharatiya as a 'cockroach' and 'parasite' on three separate occasions, constituted unlawful discrimination. The court also considered whether Antonio's actions were done in private or public, whether they were reasonably likely to offend, insult, humiliate or intimidate Bharatiya, and whether the words used were chosen for a statutory reason. Additionally, the court examined whether an apology should be ordered as part of the relief.

The court found that Antonio's conduct was indeed unlawful under section 18C of the Racial Discrimination Act 1975 (Cth). The judge emphasised that while the statutory power to order an apology exists, it is generally inappropriate in cases where the individual defending the conduct insists on maintaining their position. Therefore, no order for an apology was made. However, the court granted a declaration of unlawfulness to admonish the conduct and clarify the legal position for future cases. The court also awarded compensatory damages to Bharatiya, considering the circumstances in which compensatory damages should not be exercised as a matter of discretion.

The court ordered that Antonio engaged in acts that were unlawful under section 18C of the Racial Discrimination Act 1975 (Cth), specifying the instances of discriminatory conduct. Antonio was ordered to pay Bharatiya damages in the amount of $750 and reimburse $132 for process server fees. The court also set deadlines for the parties to file affidavits and submissions in support of, or in answer to, any claim for legal costs, and directed that the assessment of costs be undertaken on the papers without the need for further appearance.