Legal Research
Cases
Collier v Sunol

Collier v Sunol

Case [2008] NSWADT 339 22 December 2008

No judgment structure available for this case.

Type to search within this case.

CITATION: Collier v Sunol [2008] NSWADT 339
This decision has been amended. Please see the end of the decision for a list of the amendments.

DIVISION: Equal Opportunity Division

PARTIES:
APPLICANT
Henry Collier
RESPONDENT
John Sunol

FILE NUMBER: 081045

HEARING DATES: 3 September 2008

SUBMISSIONS CLOSED: 3 September 2008

DATE OF DECISION:
22 December 2008

BEFORE: Hennessy N - Magistrate (Deputy President)

CATCHWORDS: Register conciliation agreement

LEGISLATION CITED: Anti-Discrimination Act 1977

CASES CITED: Collier v Sunol (2005) NSWADT 261Burns v Dye [2002] NSWADT 32
Burns v Radio 2UE Sydney Pty Ltd & Ors [2004] NSWADT 267
Dow Jones & Co Inc v Gutnick [2002] HCA 56
Harou-Sourdon v TCN Channel Nine Pty Ltd [1994] EOC 92-604
Inquiry Into Broadcasts by Ron Casey (1989) 3 BR 351
John Fairfax Publications Pty Ltd v Kazak (EOD) [2002] NSWADTAP 35
Kazak v John Fairfax Publications Limited [2000] NSWADT 77
Jones v Toben [2002] FCA 1150
Veloskey & Anor v Karagiannakis & Ors (EOD) [2002] NSWADTAP 18
Wagga Wagga Aboriginal Action Group v Eldridge [1995] EOC 92-701
Western Aboriginal Legal Service Limited v Jones & Anor [2000] NSWADT 102

REPRESENTATION:
APPLICANT
F Berglund, barrister
RESPONDENT
C Olsen, solicitor

ORDERS: The following clause of a conciliation agreement between Mr Collier and Mr Sunol dated 15 November 2007 is registered:
John Sunol agrees not to post any further material on any website whether controlled by him or not that refers to homosexual people or homosexuality in a manner which breaches the relevant clauses of the New South Wales Anti-Discrimination Act

Introduction

1 This is an application by Mr Collier to register certain clauses of a conciliation agreement made between him and Mr Sunol at the Anti-Discrimination Board (the Board) on 15 November 2007. The effect of registration is that the clauses can be enforced as an order of the Tribunal. The conciliation agreement was signed following a complaint Mr Collier made to the Board that Mr Sunol had vilified homosexuals by posting material on internet websites in breach of s 49ZT of the Anti-Discrimination Act 1977 (AD Act).

2 The clauses of the conciliation agreement that Mr Collier seeks to register are clause 3 and the first part of clause 4:

3. John Sunol agrees not to post any further material on any website whether controlled by him or not that refers to homosexual people or homosexuality in a manner which breaches the relevant clauses of the New South Wales Anti-Discrimination Act.

4. John Sunol agrees not to post any material on any website whether controlled by him or not that disparages Henry Collier . . .

3 Mr Collier provided a statement attaching copies of thirty-five emails and print outs from websites where he says Mr Sunol has published material in breach of these terms. Mr Collier had previously complained to the Board that Mr Sunol had vilified homosexuals. Following referral, the Tribunal decided that five statements previously made by Mr Sunol vilified homosexuals in breach of the AD Act: Collier…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Collier v Sunol

Details

AGLC: Collier v Sunol [2008] NSWADT 339
Case: [2008] NSWADT 339
Decision Date: 22 December 2008

CaseChat Overview and Summary

The case of Collier v Sunol involved a dispute between Mr Collier and Mr Sunol. The conflict arose from allegations that Mr Sunol had posted material on various websites that Mr Collier claimed was defamatory and discriminatory against homosexual individuals. The case was heard in the Local Court of New South Wales, where the central issue was the validity and enforceability of a conciliation agreement dated 15 November 2007. Specifically, the court needed to determine whether a clause in the agreement prohibiting Mr Sunol from posting further material about homosexual people in a manner that contravened the Anti-Discrimination Act of New South Wales could be registered and enforced.

The primary legal issue was whether the court could register the clause in question, given its nature and the statutory context provided by the Anti-Discrimination Act. The court had to consider whether the agreement and its specific clause were consistent with the objectives of the Anti-Discrimination Act and whether enforcing the clause would undermine the spirit of the legislation. The court needed to balance the enforceability of the agreement against the public interest in preventing discrimination.

The court determined that the clause in the conciliation agreement was consistent with the objectives of the Anti-Discrimination Act and could be registered. The court reasoned that the clause did not prohibit Mr Sunol from expressing his views but rather from doing so in a manner that constituted discrimination. The court held that the agreement was a legitimate means of preventing further discriminatory conduct and that registering the clause would not conflict with the aims of the Anti-Discrimination Act. Consequently, the court ordered the registration of the specified clause in the conciliation agreement.

Orders

Orders of the court

The following clause of a conciliation agreement between Mr Collier and Mr Sunol dated 15 November 2007 is registered: John Sunol agrees not to post any further material on any website whether controlled by him or not that refers to homosexual people or homosexuality in a manner which breaches the relevant clauses of the New South Wales Anti-Discrimination Act

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Actions

Citations

Collier v Sunol [2008] NSWADT 339

Most Recent Citation

Burns v Sunol (No 2) [2012] NSWADT 247

Cases Citing This Decision

Burns v Sunol [2018] NSWCATAD 78
Citation 1

…As indicated in a later decision to which we have already referred (see Collier v Sunol [2008] NSWADT 339 at [29 - 39]), Mr Sunol did not obey the latter order. This provides no grounds for declining to make an order of a similar nature in these proceedings.…
Burns v McKee [2017] NSWCATAD 66
Citation 2 (Para 36)

…y the concluding words of section 49ZT(1), the Tribunal in Collier v Sunol [2005] NSWADT 261, in a passage subsequently approved in Collier v Sunol [2008] NSWADT 339 at [36], said at [63 - 64]:- 63 The principles governing this issue are summed up as follows in Burns v Dye [2002] NSWADT 32 at [24]:- 24 We note that…
Burns v Sunol [2015] NSWCATAD 131
Citation 3

…13] 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 44 Category: Principal judgment Parties: Garry Burns (Applicant) John Christopher Sunol (Respond…
Burns v Sunol [2014] NSWCATAD 2
Citation 4

…We recognise that these rulings differ from the rulings given on broadly similar publications by the Tribunal in Collier v Sunol [2008] NSWADT 339. But it does seem to us that vilificatory statements referring specifically to the 'leaders' or 'those who run' the Mardi Gras should not be viewed as applying to everybo…
Lawson v State of New South Wales (Housing NSW) (EOD) [2013] NSWADTAP 5
Citation 5 (Para 1)

…n the two earlier Tribunal decisions on section 91A that are known to us, namely, Mahfoud v Engineers Australia [2008] NSWADT 124 and Collier v Sunol [2008] NSWADT 339. The insertion (in 2004) of section 91A into the Act implemented a recommendation of the NSW Law Reform Commission in its Review of the Anti-Discrimi…
Burns v Sunol [2012] NSWADT 246
Citation 6 (Para 1)

…by the concluding words of section 49ZT(1), the Tribunal in Collier v Sunol [2005] NSWADT 261, in a passage subsequently approved in Collier v Sunol [2008] NSWADT 339 at [36], said at [63 - 64]:-…
Burns v Sunol (No 2) [2012] NSWADT 247
Citation 7 (Para 1)

…Relying on an extract from Collier v Sunol [2008] NSWADT 339 quoted in the main decision at [20] and discussed at [33 - 35], Mr Sunol argued that his conduct in merely making a link to another site available on his own site was not a 'public act', as defined in section 49ZS, so far as the linked publications were co…
Sunol v Collier (No 2) [2012] NSWCA 44
Citation 8

…"(i)Whether eight communications or public acts identified in [13] of the Tribunal's decision in Collier v Sunol [2008] NSWADT 339 on their own or in combination are capable of invoking or enlivening the protection of or application of the constitutional implication of freedom of communication about government or po…
Sunol v Collier [2012] NSWCA 14
Citation 9 (Para 1)

…order was made registering a key provision of the agreement (being cl 3 thereof), pursuant to s 91A of the Anti-Discrimination Act : Collier v Sunol [2008] NSWADT 339.…
Sunol v Collier [2009] NSWADTAP 34
Citation 10

…- Judicial Member; Gill M - Non-Judicial Member CATCHWORDS: Question of law, whether to refer to Supreme Court DECISION UNDER APPEAL: Collier v Sunol [2008] NSWADT 339 FILE NUMBER UNDER APPEAL: 081045 LEGISLATION CITED: Administrative Decisions Tribunal Act 1977 Interpretation Act 1987 Judiciary Act 1903 (Cth) CASES…

See all citing cases →

Cases Cited

Sunol v Collier [2006] NSWADTAP 51
Citation 1

…including statements to the same or similar effect, on any website whether or not controlled by him, and to publish an apology: Sunol v Collier (EOD) [2006] NSWADTAP 51 (27 September 2006).…
Collier v Sunol (No 2) [2006] NSWADT 88
Citation 2

…AD Act : Collier v Sunol [2005] NSWADT 261 (17 November 2005). In a separate decision, the Tribunal ordered certain remedies: Collier v Sunol (No 2) [2006] NSWADT 88 (24 March 2006). On appeal, the Appeal Panel varied the orders. Mr Sunol was ultimately required to remove the offending material from every website…
Collier v Sunol [2005] NSWADT 261
Citation 3

…lowing referral, the Tribunal decided that five statements previously made by Mr Sunol vilified homosexuals in breach of the AD Act : Collier v Sunol [2005] NSWADT 261 (17 November 2005). In a separate decision, the Tribunal ordered certain remedies: Collier v Sunol (No 2) [2006] NSWADT 88 (24 March 2006). On appeal…
Burns v Radio 2UE Sydney Pty Ltd & Ors [2004] NSWADT 267
Citation 4

…CITED: Anti-Discrimination Act 1977 CASES CITED: Collier v Sunol (2005) NSWADT 261Burns v Dye [2002] NSWADT 32 Burns v Radio 2UE Sydney Pty Ltd & Ors [2004] NSWADT 267 Dow Jones & Co Inc v Gutnick [2002] HCA 56 Harou-Sourdon v TCN Channel Nine Pty Ltd [1994] EOC 92-604 Inquiry Into Broadcasts by Ron Casey (1989) 3 B…
Dow Jones & Co Inc v Gutnick [2002] HCA 56
Citation 5

…: Collier v Sunol (2005) NSWADT 261Burns v Dye [2002] NSWADT 32 Burns v Radio 2UE Sydney Pty Ltd & Ors [2004] NSWADT 267 Dow Jones & Co Inc v Gutnick [2002] HCA 56 Harou-Sourdon v TCN Channel Nine Pty Ltd [1994] EOC 92-604 Inquiry Into Broadcasts by Ron Casey (1989) 3 BR 351 John Fairfax Publications Pty Ltd v K…
John Fairfax Publications Pty Ltd v Kazak [2002] NSWADTAP 35
Citation 6

…don v TCN Channel Nine Pty Ltd [1994] EOC 92-604 Inquiry Into Broadcasts by Ron Casey (1989) 3 BR 351 John Fairfax Publications Pty Ltd v Kazak (EOD) [2002] NSWADTAP 35 Kazak v John Fairfax Publications Limited [2000] NSWADT 77 Jones v Toben [2002] FCA 1150 Veloskey & Anor v Karagiannakis & Ors (EOD) [2002] NSWADTAP…
Jones v Toben [2002] FCA 1150
Citation 7

…3 BR 351 John Fairfax Publications Pty Ltd v Kazak (EOD) [2002] NSWADTAP 35 Kazak v John Fairfax Publications Limited [2000] NSWADT 77 Jones v Toben [2002] FCA 1150 Veloskey & Anor v Karagiannakis & Ors (EOD) [2002] NSWADTAP 18 Wagga Wagga Aboriginal Action Group v Eldridge [1995] EOC 92-701 Western Aboriginal Le…
Veloskey v Karagiannakis [2002] NSWADTAP 18
Citation 8

…002] NSWADTAP 35 Kazak v John Fairfax Publications Limited [2000] NSWADT 77 Jones v Toben [2002] FCA 1150 Veloskey & Anor v Karagiannakis & Ors (EOD) [2002] NSWADTAP 18 Wagga Wagga Aboriginal Action Group v Eldridge [1995] EOC 92-701 Western Aboriginal Legal Service Limited v Jones & Anor [2000] NSWADT 102 REPRESENTA…
Burns v Dye [2002] NSWADT 32
Citation 9

…CATCHWORDS: Register conciliation agreement LEGISLATION CITED: Anti-Discrimination Act 1977 CASES CITED: Collier v Sunol (2005) NSWADT 261Burns v Dye [2002] NSWADT 32 Burns v Radio 2UE Sydney Pty Ltd & Ors [2004] NSWADT 267 Dow Jones & Co Inc v Gutnick [2002] HCA 56 Harou-Sourdon v TCN Channel Nine Pty Ltd [1994] E…
Western Aboriginal Legal Service v Jones [2000] NSWADT 102
Citation 10

…Ors (EOD) [2002] NSWADTAP 18 Wagga Wagga Aboriginal Action Group v Eldridge [1995] EOC 92-701 Western Aboriginal Legal Service Limited v Jones & Anor [2000] NSWADT 102 REPRESENTATION: APPLICANT F Berglund, barrister RESPONDENT C Olsen, solicitor ORDERS: The following clause of a conciliation agreement between Mr Col…
Kazak v John Fairfax Publications Limited [2000] NSWADT 77
Citation 11

…Broadcasts by Ron Casey (1989) 3 BR 351 John Fairfax Publications Pty Ltd v Kazak (EOD) [2002] NSWADTAP 35 Kazak v John Fairfax Publications Limited [2000] NSWADT 77 Jones v Toben [2002] FCA 1150 Veloskey & Anor v Karagiannakis & Ors (EOD) [2002] NSWADTAP 18 Wagga Wagga Aboriginal Action Group v Eldridge [1995] EO…
Australian Iron & Steel Pty Ltd v Banovic [1989] HCA 56
Citation 12

…ributing factor’. We take this to be the preferable view. 37 Mr Olsen submitted that all the annexures except annexure 3, that part of annexure 6 referred to above, and annexure 8 refer, not to homosexuals in general, but to the Sydney Gay and Lesbian Mardi Gras. We agree with that assertion. Those annexures refer to…

Legislation Cited

Anti-Discrimination Act 1977 (NSW)
1 mention
Racial Discrimination Act 1975 (Cth)
1 mention

CITATION:	Collier v Sunol [2008] NSWADT 339 This decision has been amended. Please see the end of the decision for a list of the amendments.
DIVISION:	Equal Opportunity Division
PARTIES:	APPLICANT Henry Collier RESPONDENT John Sunol
FILE NUMBER:	081045
HEARING DATES:	3 September 2008
SUBMISSIONS CLOSED:	3 September 2008
DATE OF DECISION:	22 December 2008
BEFORE:	Hennessy N - Magistrate (Deputy President)
CATCHWORDS:	Register conciliation agreement
LEGISLATION CITED:	Anti-Discrimination Act 1977
CASES CITED:	Collier v Sunol (2005) NSWADT 261Burns v Dye [2002] NSWADT 32 Burns v Radio 2UE Sydney Pty Ltd & Ors [2004] NSWADT 267 Dow Jones & Co Inc v Gutnick [2002] HCA 56 Harou-Sourdon v TCN Channel Nine Pty Ltd [1994] EOC 92-604 Inquiry Into Broadcasts by Ron Casey (1989) 3 BR 351 John Fairfax Publications Pty Ltd v Kazak (EOD) [2002] NSWADTAP 35 Kazak v John Fairfax Publications Limited [2000] NSWADT 77 Jones v Toben [2002] FCA 1150 Veloskey & Anor v Karagiannakis & Ors (EOD) [2002] NSWADTAP 18 Wagga Wagga Aboriginal Action Group v Eldridge [1995] EOC 92-701 Western Aboriginal Legal Service Limited v Jones & Anor [2000] NSWADT 102
REPRESENTATION:	APPLICANT F Berglund, barrister RESPONDENT C Olsen, solicitor
ORDERS:	The following clause of a conciliation agreement between Mr Collier and Mr Sunol dated 15 November 2007 is registered: John Sunol agrees not to post any further material on any website whether controlled by him or not that refers to homosexual people or homosexuality in a manner which breaches the relevant clauses of the New South Wales Anti-Discrimination Act