Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: Burns v Sunol [2018] NSWCATAD 109 Hearing dates: 11 May 2018 Date of orders: 25 May 2018 Decision date: 25 May 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: The Hon F Marks, Principal Member Decision: (1) I hereby refer to the Supreme Court of NSW for determination the allegation that the respondent John Christopher Sunol is guilty of contempt of this Tribunal made by the applicant Garry Burns. Such contempt is constituted by the publication by the respondent of the material described in [7], [8], and [9] in Burns v Sunol [2018] NSWCATAD 78, and which I have found is capable of constituting contempt of the Tribunal The referral is made pursuant to the provisions of section 73 (5) of the Civil and Administrative Act.
(2) I hereby refer to the Supreme Court of NSW for determination pursuant to the provisions of section 73 (5) of the Civil and Administrative Act the conduct of the respondent John Christopher Sunol which I describe hereunder, because it appears to me on my own view that by reason of that conduct the said John Christopher Sunol is guilty of contempt of this Tribunal. The conduct is;
(a) the publication by the respondent of the material described in [17] in Burns v Sunol [2018] NSWCATAD 78
(b) the failure of the respondent to comply with the orders of this Tribunal particularised in [92] and in [93] in Burns v Sunol [2018] NSWCATAD 78.
For ease of understanding I set out again the contents of [92] to which I have added reference to the citations of the several Decisions of the Tribunal
(i) the failure of the respondent to make payment of the monies ordered to be paid on 22 January, 2014 as set out in paragraph [38] above. Burns v Sunol [2014] NSWCATAD 2; (22 January 2014)
(ii) the failure of the respondent to refrain from publishing further material “to the same or similar effect” by order of the Tribunal made on 22 January 2014 as found in paragraph [50] above. Burns v Sunol [2014] NSWCATAD 63; (14 May 2014)
(iii) the failure of the respondent to refrain from publishing materials to the same or similar effect on any website controlled by him as ordered by the Tribunal on 14 May 2014 as set out in paragraph [43] above constituted by the publication of material identified in subsequent Decisions of the Tribunal Burns v Sunol [2014] NSWCATAD 61; (14 May 2014)
(iv) the failure of the respondent to make payment of the monies ordered to be paid on 14 May 2014 as set out in paragraph [44], [49] and [50] above. Burns v Sunol [2014] NSWCATAD 61; (14 May 2014), Burns v Sunol [2014] NSWCATAD 62; (14 May 2014), Burns v Sunol [2014] NSWCATAD 63; (14 May 2014)
(v) the failure of the respondent to refrain from publishing material as identified in paragraph [54] above…
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- AGLC
- Burns v Sunol [2018] NSWCATAD 109
- Case
- [2018] NSWCATAD 109
- Decision Date
CaseChat Overview and Summary
The court was tasked with deciding whether the conduct of Mr Sunol constituted contempt of the Tribunal and if so, whether it was appropriate to refer these matters to the Supreme Court for determination. The primary legal issue was whether the Tribunal had the authority to refer matters of contempt to the Supreme Court under section 73(5) of the Civil and Administrative Tribunal Act 2013 (NSW). The court also considered the principles relevant to the referral of contempt proceedings, including the nature and seriousness of the alleged contempt and the potential impact on the administration of justice.
The court found that the conduct of Mr Sunol did constitute contempt of the Tribunal and that it was appropriate to refer these matters to the Supreme Court. The court emphasised the importance of maintaining the integrity and authority of the Tribunal and noted that the alleged contempt involved repeated breaches of Tribunal orders and ongoing publication of material in defiance of the Tribunal's authority. The court determined that the seriousness of the alleged contempt warranted referral to the Supreme Court for further determination.
Accordingly, the Tribunal referred the allegations of contempt to the Supreme Court of New South Wales for determination. The referral was made pursuant to the provisions of section 73(5) of the Civil and Administrative Tribunal Act 2013 (NSW). The specific conduct referred included the publication of certain material and the failure to comply with Tribunal orders, as detailed in the reasons.
Orders
Orders of the court
(1) I hereby refer to the Supreme Court of NSW for determination the allegation that the respondent John Christopher Sunol is guilty of contempt of this Tribunal made by the applicant Garry Burns. Such contempt is constituted by the publication by the respondent of the material described in [7], [8], and [9] in Burns v Sunol [2018] NSWCATAD 78, and which I have found is capable of constituting contempt of the Tribunal The referral is made pursuant to the provisions of section 73 (5) of the Civil and Administrative Act.
(2) I hereby refer to the Supreme Court of NSW for determination pursuant to the provisions of section 73 (5) of the Civil and Administrative Act the conduct of the respondent John Christopher Sunol which I describe hereunder, because it appears to me on my own view that by reason of that conduct the said John Christopher Sunol is guilty of contempt of this Tribunal. The conduct is;
(a) the publication by the respondent of the material described in [17] in Burns v Sunol [2018] NSWCATAD 78
(b) the failure of the respondent to comply with the orders of this Tribunal particularised in [92] and in [93] in Burns v Sunol [2018] NSWCATAD 78.
For ease of understanding I set out again the contents of [92] to which I have added reference to the citations of the several Decisions of the Tribunal
(i) the failure of the respondent to make payment of the monies ordered to be paid on 22 January, 2014 as set out in paragraph [38] above. Burns v Sunol [2014] NSWCATAD 2; (22 January 2014)
(ii) the failure of the respondent to refrain from publishing further material “to the same or similar effect” by order of the Tribunal made on 22 January 2014 as found in paragraph [50] above. Burns v Sunol [2014] NSWCATAD 63; (14 May 2014)
(iii) the failure of the respondent to refrain from publishing materials to the same or similar effect on any website controlled by him as ordered by the Tribunal on 14 May 2014 as set out in paragraph [43] above constituted by the publication of material identified in subsequent Decisions of the Tribunal Burns v Sunol [2014] NSWCATAD 61; (14 May 2014)
(iv) the failure of the respondent to make payment of the monies ordered to be paid on 14 May 2014 as set out in paragraph [44], [49] and [50] above. Burns v Sunol [2014] NSWCATAD 61; (14 May 2014), Burns v Sunol [2014] NSWCATAD 62; (14 May 2014), Burns v Sunol [2014] NSWCATAD 63; (14 May 2014)
(v) the failure of the respondent to refrain from publishing material as identified in paragraph [54] above pursuant to order made on 25 June 2015 constituted by the publication of material identified in subsequent Decisions of the Tribunal. Burns v Sunol [2015] NSWCATAD 131 (25 June 2015), Sunol v Burns [2015] NSWCATAP 207 (24 September 2015), Burns v Sunol [2016] NSWCATAD 16 (21 January 2016), Burns v Sunol [2016] NSWCATAD 74 (19 April 2016), Burns v Sunol [2016] NSWCATAD 81 (29 April 2016), Burns v Sunol (No 2) [2017] NSWCATAD 236 (31 July 2017), Burns v Sunol [2017] NSWCATAD 215 (30 June 2017), Burns v Sunol (No 2) [2017] NSWCATAD 236 (31 July 2017), Burns v Sunol [2018] NSWCATAD 10 (10 January 2018)
(vi) the failure of the respondent to refrain from publishing material as identified in paragraph [56] above pursuant to an order made on 24 September 2015 constituted by the publication of material identified in subsequent Decisions of the Tribunal. Sunol v Burns [2015] NSWCATAP 207 (24 September 2015), Burns v Sunol [2016] NSWCATAD 16 (21 January 2016), Burns v Sunol [2016] NSWCATAD 74 (19 April 2016), Burns v Sunol [2016] NSWCATAD 81 (29 April 2016), Burns v Sunol (No 2) [2017] NSWCATAD 236 (31 July 2017), Burns v Sunol [2017] NSWCATAD 215 (30 June 2017), Burns v Sunol (No 2) [2017] NSWCATAD 236 (31 July 2017), Burns v Sunol [2018] NSWCATAD 10 (10 January 2018)
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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