Comensoli v Passas

The case of Comensoli v Passas involved the Applicant, Mr. Comensoli, lodging a complaint with the Anti-Discrimination Board of New South Wales against the Respondent, Mrs. Passas, for an act of alleged homosexual vilification. The dispute centred around comments made by Mrs. Passas to Mr. Comensoli and his partner, Mr. Doecke, in the context of a social gathering. The matter was heard in the Anti-Discrimination Tribunal, which had to determine whether the conduct in question constituted unlawful vilification under the Anti-Discrimination Act 1977 (NSW).

The central legal issue before the Tribunal was whether Mrs. Passas' conduct amounted to "vilification" as defined by the Act, and whether it was targeted at Mr. Comensoli because of his sexual orientation. The Tribunal considered whether the comments made were of a kind likely to offend, insult, humiliate or intimidate Mr. Comensoli on the grounds of his sexual orientation, and whether such conduct was reasonable in the circumstances. The Tribunal also examined the context in which the comments were made, the nature and content of the remarks, and the relationship between the parties.

The Tribunal found that the Respondent's conduct did indeed constitute unlawful vilification of the Applicant on the grounds of his sexual orientation. The Tribunal concluded that the comments made were indeed of a kind likely to offend, insult, humiliate or intimidate Mr. Comensoli. The Tribunal considered the remarks to be an attack on Mr. Comensoli's sexual orientation and found them to be unreasonable in the circumstances. As a result, the Tribunal substantiated the complaint and ordered the Respondent to pay compensation and publish an apology. The Tribunal also granted liberty to apply in relation to the terms of the apology and its publication within seven days of the decision.