Burns v Sunol

Case

[2014] NSWCATAD 63

14 May 2014


Details
AGLC Case Decision Date
Burns v Sunol [2014] NSWCATAD 63 [2014] NSWCATAD 63 14 May 2014

CaseChat Overview and Summary

Burns v Sunol involved a dispute between Mr Burns and Mr Sunol, which was heard by the Anti-Discrimination Tribunal. Mr Burns alleged that Mr Sunol had engaged in discriminatory conduct towards him, in violation of the Anti-Discrimination Act 1977. The Tribunal had previously issued conduct orders to Mr Sunol, which he failed to comply with, leading to the current proceedings seeking damages for the breaches.

The key legal issue before the Tribunal was whether Mr Sunol's breaches of the conduct orders warranted the award of further damages to Mr Burns. The Tribunal had to consider whether the breaches were significant enough to justify an award of damages, in addition to the conduct orders that had already been breached.

In determining the matter, the Tribunal examined the nature and extent of Mr Sunol's breaches of the conduct orders. It found that Mr Sunol's conduct was a clear and deliberate disregard of the orders, which had caused harm to Mr Burns. The Tribunal held that the breaches were serious enough to warrant the award of further damages to Mr Burns. Consequently, the Tribunal ordered Mr Sunol to pay Mr Burns the sum of $2,500 for each breach of the conduct orders, totaling $5,000.

The Tribunal also made orders for Mr Sunol to pay Mr Burns the sum of $2,500 for each breach of the conduct orders, totaling $5,000. These payments were to be made within 28 days of the date of the decision.
Details

Areas of Law

  • Anti-Discrimination Law

Legal Concepts

  • Compensatory Damages

  • Conduct Orders

  • Breach of Order

  • Damages for Non-Compliance

Actions
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Most Recent Citation
Burns v Sunol [2018] NSWCATAD 78

Cases Citing This Decision

4

Burns v Sunol [2018] NSWCATAD 109
Burns v Sunol [2018] NSWCATAD 78
Burns v Sunol [2018] NSWCATAD 109
Cases Cited

2

Statutory Material Cited

1

Burns v Sunol [2014] NSWCATAD 2
Burns v Sunol [2014] NSWCATAD 2