Burns v Sunol

[2018] NSWCATAD 78

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	Burns v Sunol [2018] NSWCATAD 78
Hearing dates:	14 November 2017, 9 January and 21 March 2018.
Date of orders:	10 April 2018
Decision date:	10 April 2018
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	The Hon F Marks, Principal Member
Decision:	I make the following orders consequent upon the finding that the respondent has engaged in conduct as described in [91], [92] and [93] above that is capable of constituting contempt of this Tribunal; These proceedings are stood over to enable the respondent to provide such evidence and to make such submissions as he may wish at a further hearing as to whether the Tribunal should refer his conduct to the Supreme Court. The applicant may file and serve before 20 April 2018 any evidentiary material which he wishes to make available to the Tribunal limited to whether or not the respondent has complied with orders made by this Tribunal. Such evidence must be in sworn form, or, if not, the applicant must be prepared to be sworn as to its truthfulness at the next hearing. Any evidence which the respondent wishes to provide should be filed in the Registry before 4 May 2018 and served on the applicant. The proceedings are stood over for further hearing at 10 am on 11 May 2018.
Catchwords:	Contempt-application for referral to Supreme Court-additional material considered-history of failure to comply with Tribunal orders-publication of material disparaging of Tribunal members-held capable of constituting contempt- respondent asked to show cause why matters should not be referred to Supreme Court
Legislation Cited:	Civil and Administrative Tribunal Act
Cases Cited:	Burns v Sunol [2012] NSWADT 246 Burns v Sunol (No 2) [2012] NSWADT 247 Burns v Sunol [2014] NSWCATAD 2 Burns v Sunol [2014] NSWCATAD 61 Burns v Sunol [2014] NSWCATAD 62 Burns v Sunol [2014] NSWCATAD 63 Sunol v Burns [2015] NSWCATAP 207 Burns v Sunol [2016] NSWCATAD 16 Burns v Sunol [2016] NSWCATAD 74 Burns v Sunol [2016] NSWCATAD 81 Burns v Sunol (No 2) [2017] NSWCATAD 236 Burns v Sunol [2017] NSWCATAD 215 Burns v Sunol (No 2) [2017] NSWCATAD 236 Burns v Sunol [2018] NSWCATAD 10 Attorney-General v Times Newspapers [1974] AC 273 Witham v Holloway [1995] HCA 3 A.M.I.E.U. v. Mudginberri Station Pty Ltd [1986] HCA 46 Mohareb v Palmer [2017] NSWCA 281
Category:	Principal judgment
Parties:	Garry Burns (Applicant) John Christopher Sunol (Respondent)
Representation:	Applicant self-represented Respondent self-represented
File Number(s):	201800016576

reasons for decision

Introduction and background

1. These proceedings have their genesis in an Application filed by the applicant Garry Burns on 17 October 2017. In that application the applicant sought a finding by this Tribunal pursuant to the provisions of section 73 of the Civil and Administrative Tribunal Act (“the Act”) that the respondent John Christopher Sunol was in contempt of this Tribunal. The basis of the application was a publication of certain material by the respondent on a website concerning a Principal Member of this Tribunal and which…