Burns v Laws

[2005] NSWADT 229

CITATION:	Burns v Laws [2005] NSWADT 229
DIVISION:	Equal Opportunity Division
PARTIES:	APPLICANT Gary Burns RESPONDENT John Laws
FILE NUMBER:	051044
HEARING DATES:	01/08/2005-02/08/2005
SUBMISSIONS CLOSED:	08/26/2005
DATE OF DECISION:	10/10/2005
BEFORE:	Chesterman M - ADCJ (Deputy President); Houlahan L - Non Judicial Member; Quayle C - Non Judicial Member
APPLICATION:	Vilification - Homosexual
MATTER FOR DECISION:	Application for summary dismissal
LEGISLATION CITED:	Anti-Discrimination Act 1977 Supreme Court Act 1970
CASES CITED:	Attorney General v Bar-Mordecai [2005] NSWSC 142 Attorney-General v Wentworth (1988) 14 NSWLR 481 Blatch v Archer (1774) 1 Cowp 63; 98 ER 969 Briginshaw v Briginshaw (1938) 60 CLR 336 Browne v Dunn (1893) 6 R 67 Burns v Radio 2UE Sydney Pty Ltd & Ors (No 2) [2005] NSWADT 24 Burns v Radio 2UE Sydney Pty Ltd & Ors [2004] NSWADT 267 Dolan v Australian and Overseas Telecommunications Corporation (1993) 42 FCR 206 Grainger v Hill (1838) 4 Bing (NC) 212; 132 ER 769 Jones v Dunkel (1959) 101 CLR 298 Maharis v Malajevac (1994) 20 MVR 41 McGlade v Human Rights and Equal Opportunity Commission [2000] FCA 1477 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170 Re Alessi and Director-General of Social Security (1984) 2 AAR 153 Robinson v Wentworth Area Health Service [2004] NSWADT 274 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 Varawa v Howard Smith Co Ltd (1911) 13 CLR 35 Weissensteiner v R (1993) 178 CLR 217 Williams v Spautz (1992) 174 CLR 509
REPRESENTATION:	APPLICANT D Rofe, QC RESPONDENT G Reynolds, SC
ORDERS:	1. The Respondent’s application for summary dismissal of this complaint is dismissed; 2. The costs of this application are reserved ; 3. The matter is set down for further directions at 9.30 a.m. on 13 October 2005.

Introduction

1 In the complaint to which these proceedings relate, the Applicant, Gary Burns, alleged that the Respondent, John Laws, who is a high-profile radio commentator, unlawfully vilified homosexual men in the course of two radio programs broadcast by Radio 2UE, a Sydney radio station.

2 This judgment relates to an application by Mr Laws for the complaint to be summarily dismissed, on the ground that the predominant purpose of Mr Burns in instituting and maintaining these proceedings is an improper purpose, namely, obtaining publicity for himself. The application has been brought before the matter has been set down for a substantive hearing.

3 The radio programs in question were broadcast by Radio 2UE on the mornings of 3 and 4 November 2004. On 17 November 2004, Mr Burns forwarded a complaint to the Anti-Discrimination Board claiming that certain statements made by Mr Laws in the earlier broadcast amounted to unlawful vilification. On 31 March 2005, the President of the Board, having determined that the matter could not be resolved through conciliation, referred the complaint to the Tribunal. On 10 June 2005, Mr Burns filed Amended Points of Claim in which he confirmed that he wished to enlarge the scope of…