Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: Burns v Sunol [2015] NSWCATAD 131 Hearing dates: 7 October 2014 Decision date: 25 June 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Wakefield, Senior Member
J Schneeweiss, General Member
M O’Halloran, General MemberDecision: In this order, “the material” means:
(a) Garry ** ** is after me. Little faggot stalker who contacted me first, harnessed me and claimed connection to corrupt police. He is evil.
I have work to do to help you, protest signs and letters. I am not the case. Your enemy is my enemy and he is evil gay stalker.
I will not be raped to death in jail while he watches as he says in his threats to me.
(b) Rape little boys, this is same sex marriage.
If you want this sit back in your armchair and let the homosexual lobby push for same sex marriage.
This is the end results of same sex marriage.
Sit back and enjoy yourself whilst this goes on.
(c) Older homosexuals call their underage love interests or targets ‘chickens’ or ‘chicks’. The baby chicks featured in this video was likely an advertisement for the pedorists ring.
(d) Gay marriage equality makes it even more easier for pedophiles to gain access to their child victims.
(e) Everybody with common sense knows gay people have issues and are inclined to be pedophiles, but they call sane people ‘homophobic’ and don’t give a damn if children are being hurt.
(f) Gay marriage is child abuse.
(2) Mr Sunol is to refrain from publishing the material including statements to the same or similar effect on any website whether or not controlled by him.Catchwords: ANTI-DISCRIMINATION - Homosexual vilification- Public Act- Incitement – Remedies – Restraining Order Legislation Cited: Anti-Discrimination Act 1977 NSW ss 49ZS, 49ZT, 88, 104, 108
Civil and Administrative Tribunal Act 2013 ss 3(d), 45Cases Cited: Burns v Corbett [2013] NSWADT 227
Burns v Dye [2002] NSWADT 32
Burns v Sunol [2012] NSWADT 246
Collier v Sunol [2005] NSWADT 261
Collier v Sunol [2008] NSWADT 339
Sunol v Collier (EOD) [2006] NSWADTAP 51
Sunol v Collier (No 2) [2012] NSWCA 44Category: Principal judgment Parties: Garry Burns (Applicant)
John Christopher Sunol (Respondent)Representation: G Burns (Applicant in person)
J C Sunol (Respondent in person)
File Number(s): 1410384
Reasons for decision
Introduction
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By these proceedings, Mr Burns makes three complaints that the publication of certain material on his website by Mr Sunol constitutes homosexual vilification in breach of s 49ZT of the Anti-Discrimination Act 1977 NSW. For the reasons which follow the Tribunal finds that Mr Burns’ first two complaints are substantiated and that the third complaint is partly substantiated.
Procedural History
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On 24 March 2014, Mr Burns lodged his three complaints with the President of the Anti-Discrimination Board. The President’s delegate accepted the complaints for investigation under s 89B of the Anti-Discrimination Act. The President received further information from Mr Burns on 24 March 2014.
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The complaints accepted…
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- AGLC
- Burns v Sunol [2015] NSWCATAD 131
- Case
- [2015] NSWCATAD 131
- Decision Date
CaseChat Overview and Summary
In delivering the judgment, the court examined the nature and content of Sunol's publications, focusing on their vilifying effect on Burns. The court found that the material published by Sunol contained derogatory and offensive terms directed at Burns based on his sexual orientation. It was determined that these publications were not only discriminatory but also intended to incite hatred towards Burns. The court considered the impact such content could have on the targeted individual and the broader community, finding that it promoted intolerance and could incite harm. Consequently, the court ruled that the material was indeed vilifying and breached anti-discrimination laws.
The court ordered Sunol to refrain from publishing the identified material or similar content in the future on any website. This decision was based on the findings that the publications were discriminatory and incited hatred. The court also emphasised the importance of protecting individuals from such targeted harassment, ensuring that such acts do not go unpunished. The restraining order was seen as a necessary measure to prevent further harm and vilification. The judgment underscored the court's commitment to upholding anti-discrimination laws and protecting individuals from hate speech.
Orders
Orders of the court
In this order, “the material” means:
(a) Garry ** ** is after me. Little faggot stalker who contacted me first, harnessed me and claimed connection to corrupt police. He is evil.
I have work to do to help you, protest signs and letters. I am not the case. Your enemy is my enemy and he is evil gay stalker.
I will not be raped to death in jail while he watches as he says in his threats to me.
(b) Rape little boys, this is same sex marriage.
If you want this sit back in your armchair and let the homosexual lobby push for same sex marriage.
This is the end results of same sex marriage.
Sit back and enjoy yourself whilst this goes on.
(c) Older homosexuals call their underage love interests or targets ‘chickens’ or ‘chicks’. The baby chicks featured in this video was likely an advertisement for the pedorists ring.
(d) Gay marriage equality makes it even more easier for pedophiles to gain access to their child victims.
(e) Everybody with common sense knows gay people have issues and are inclined to be pedophiles, but they call sane people ‘homophobic’ and don’t give a damn if children are being hurt.
(f) Gay marriage is child abuse.
(2) Mr Sunol is to refrain from publishing the material including statements to the same or similar effect on any website whether or not controlled by him.
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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