Burns v Sunol (No 2)

The case of Burns v Sunol (No 2) involved a dispute between Mr Burns and Mr Sunol before the NSW Civil and Administrative Tribunal. Mr Burns brought an action against Mr Sunol for breach of the Anti-Discrimination Act 1977, alleging discrimination based on disability. The initial proceedings resulted in orders being made against Mr Sunol, which included directives to remove certain material from his website and refrain from publishing material of a similar nature. The current proceedings before the Tribunal focused on whether Mr Sunol had breached those orders and, if so, the appropriate remedies.

The legal issues before the Tribunal were whether Mr Sunol had breached the orders made in the initial proceedings and, if so, what the appropriate remedies were. Specifically, the Tribunal had to consider whether the breaches were intentional or reckless and whether Mr Sunol had an arguable basis for his actions. The Tribunal also had to determine the appropriate amount of damages to be awarded to Mr Burns for each breach.

The Tribunal found that Mr Sunol had breached the orders by continuing to publish material of a similar nature to that which was previously found to be discriminatory. The Tribunal held that the breaches were not accidental but were instead intentional or reckless. The Tribunal further found that Mr Sunol did not have an arguable basis for his actions, and therefore, he was liable for further damages. The Tribunal awarded Mr Burns the sum of $2,500 for each breach, totaling $5,000. Mr Sunol was ordered to pay this amount within 28 days of the date of the decision.