Ciccone v CV Property Group

[2013] NSWADT 250

Administrative Decisions Tribunal

New South Wales

Medium Neutral Citation:	Ciccone v CV Property Group [2013] NSWADT 250
Hearing dates:	24 September and 1 October 2013
Decision date:	06 November 2013
Jurisdiction:	Equal Opportunity Division
Before:	A Scahill, Judicial Member J McClelland, Non-Judicial Member B Field, Non-Judicial Member
Decision:	Complaint dismissed
Legislation Cited:	Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977
Cases Cited:	Barry v Futter [2011] NSWADT 205 Burns v Dye [2002] NSWADT 32 Burns v Nine Network Australia Pty Ltd (GD) [2011] NSWADTAP 25 Mitry v Abbas [2013] NSWADT 214
Category:	Principal judgment
Parties:	Giorgio Ciccone (Applicant) Conrad Vassiliadis (Respondent)
File Number(s):	131038

REASONS FOR DECISION

Introduction

1. On 5 September 2012 Mr Ciccone complained to the Anti-Discrimination Board (ADB) that he had been discriminated against by Conrad Vassiliadis of CV Property Group on the grounds of homosexuality in the provision of services. Mr Ciccone had commenced a lease of a residential property in Oxford Street Darlinghurst on 6 August 2012. This lease terminated in March 2013. Mr Vassiliadis was the managing agent on behalf of the property owner. This was the only property Mr Vassiliadis was managing within the building.

1. In summary, Mr Ciccone alleged that he had made several complaints to Mr Vassiliadis about maintenance issues within the unit. The complaint to the ADB arose out of a telephone conversation which allegedly occurred on Friday, 24 August 2012 on loudspeaker on a fixed line telephone in Mr Ciccone's unit in the presence of Mr Ciccone's mother Mrs Elizabeth Tannous. Mr Ciccone alleges that when he was asking for maintenance issues to be attended to he said to Mr Vassiliadis:

"I am paying $680 a week rent - you have to respect me."

In response Mr Vassiliadis allegedly said:

"You fucking poofter, all you poofters are the same, don't you ever speak to me in that way".

Mr Ciccone alleges that his mother had previously been unaware of his homosexuality. She became angry with him and thereafter he had been subject to derision and anger from his father because of his homosexuality.

In the initial complaint to the ADB the Applicant also alleged that he did not receive appropriate services from Mr Vassiliadis and CV Property Group.

Procedure at the hearing

1. At the commencement of the hearing the Applicant clarified that his complaint was one of homosexual vilification under section 49 ZS and 49ZT of the Anti-Discrimination Act 1977 (ADA). He said he had been advised that he had a better chance of success characterising the complaint in this way. The Applicant also confirmed that he was relying on the alleged telephone conversation 24th of August 2012 that had been heard by his mother within his unit. The Respondent indicated his consent to this approach although he disputed the date of the alleged telephone conversation.

1. The Tribunal amended the complaint by consent under section 103 of the ADA to characterise it as a complaint of homosexual vilification under sections 49ZS and 49ZT of the ADA - not discrimination on…