Collier v Sunol (No 2)

[2006] NSWADT 88

Set aside by Appeal: Set aside by Appeal on 27 September 2006
(Sunol v Collier (EOD) [2006] NSW ADTAP 51)

CITATION:	Collier v Sunol (No 2) [2006] NSWADT 88
DIVISION:	Equal Opportunity Division
PARTIES:	APPLICANT Henry Collier RESPONDENT John Christopher Sunol
FILE NUMBER:	051037
HEARING DATES:	09/02/06
SUBMISSIONS CLOSED:	02/09/2006
DATE OF DECISION:	03/24/2006
BEFORE:	Chesterman M - ADCJ (Deputy President); Gill M - Non Judicial Member; Groth D - Non Judicial Member
CATCHWORDS:	Vilification - Homosexual
MATTER FOR DECISION:	Remedies and Costs
LEGISLATION CITED:	Anti-Discrimination Act 1977 Racial and Religious Tolerance Act 2001 (Vic)
CASES CITED:	Borg v Commissioner, Department of Corrective Services & Anor [2003] NSWADT 35 Burns v Radio 2UE Sydney Pty Ltd & Ors (No 2) [2005] NSWADT 24 Cleary Bros (Bombo) Pty Ltd v Cvetkovski (EOD) [2001] NSWADTAP 10 Collier v Sunol [2005] NSWADT 261 Islamic Council of Victoria v Catch the Fire Ministries [2005] VCAT 1159 Jordan v North Cost Area Health Service (No 3) [2005] NSWADT 296
REPRESENTATION:	APPLICANT S Pritchard, barrister RESPONDENT In person
ORDERS:	1. Within fourteen (14) days of the date of this decision, the Respondent is to remove from every website controlled by him any material concerning homosexual men, lesbians, homosexuality or the gay lobby; 2. The Respondent is to refrain from publishing material on any of these topics on any website, whether or not controlled by him; 3. Within fourteen (14) days of the date of this decision, the Respondent is to post the statement set out in subparagraph (3) of paragraph [44] of these reasons on every website controlled by him, and in addition on the websites known as web-ministry.com and wollongongmusicscene.com; 4. The Respondent is to pay the Applicant’s costs of these proceedings, in a sum to be agreed within sixty (60) days of the date of this decision or, failing agreement, to be assessed pursuant to the Legal Profession Act 2004.

Introduction

1 In these proceedings, the Applicant, Mr Henry Collier, alleged that material published by the Respondent, Mr John Sunol, on the internet during September and October 2004 vilified homosexual people contrary to provisions of the Anti-Discrimination Act 1977 (‘the ADA’).

2 According to Mr Collier, Mr Sunol published this material in two ways: by including it in material published on websites controlled by him and by contributing it to websites controlled by others, notably two websites called web-ministry.com and wollongongmusicscene.com. All the websites involved were accessible to the general public without a password.

3 We heard Mr Collier’s application on 28 September 2005. In a decision delivered on 17 November 2005 (Collier v Sunol [2005] NSWADT 261), we upheld his claim of unlawful vilification with respect to five statements that were set out in his Points of Claim. We dismissed it with respect to a further three statements.

4 We directed that there should be a further hearing dealing with the orders, if any, that we should make (a) by way of remedy for Mr Collier and (b) on account…