Set aside by Appeal: Set aside by appeal on 25/10/02
CITATION: Kazak v John Fairfax Publications Limited [2000] NSWADT 77 DIVISION: Equal Opportunity Division PARTIES: APPLICANT
RESPONDENT
Ali Kazak
John Fairfax Publications LimitedFILE NUMBER: 991094 HEARING DATES: 27/03/00 SUBMISSIONS CLOSED: 04/14/2000 DATE OF DECISION:
06/22/2000BEFORE: Hennessy N (Deputy President); Farmer L - Member; Jowett T - Member APPLICATION: Racial - Vilification - Vilification - Racial MATTER FOR DECISION: Principal matter LEGISLATION CITED: Anti-Discrimination Act 1977 CASES CITED: Brown v Classification Review Board (1998) 154 ALR 67
Coco v The Queen (1994) 179 CLR 427
I W v The City of Perth (1997) EOC 92-892
Harou-Sourdon v TCN Channel Nine Pty lTD [1994] EOC 92-604
Wagga Wagga Aboriginal Action Group v Eldridge {1995} EOC 92-701
R v D and E Marinkovic [1996] EOC 92-841
Hellenic Council of NSW V Apoleski and the Macedonian Youth Association (1995) NSWEOT (25/9/97
Malco & others v Massaris & others [1998] NSWEOT (12/2/98)
Lewis v Daily Telegraph Ltd [10964] AC 234
Mirror Newspapers Pty Ltd v Harrison (1982) 149 CLR 293
Neal v Sunday New Auckland Newspaper Publications (1985) 92-130
Nealy v Johnston and Long Church of Jesus Christ Christian-Aryan Nations (1989) 10CHRR D/6450
Taylor v Canadian Human Rights Commission (1990) 75 DLR (4th) 577
Bryant v Queensland Newspaper Pty Ltd [1997] HREOC 23, 15 May 1997
Aegean Macedonian Association of Australia v Karagiannakis (1999) NSWADT 130
Lange v Australian Broadcasting Corporation (1997) 189 CLR 520REPRESENTATION: APPLICANT
In person
RESPONDENT
R LancasterORDERS: 1. The complaint is substantiated.; 2. Matter stood over, part heard, to determine appropriate remedies.
1 These proceedings concern a complaint of racial vilification made by Mr Ali Kazak against The Australian Financial Review. Mr Kazak alleges that an article written by Tom Switzer (the Switzer article) published on 23 December 1998, contravenes s 20C of the Anti-Discrimination Act 1977 (the Act).
2 On 6 September 1999, the President of the Anti-Discrimination Board (the President) referred Mr Kazak’s complaint to the Tribunal pursuant to s 94(1) of the Act. Section 96 of the Act provides that the Tribunal “shall hold an inquiry into each complaint” referred to it by the President.
3 Mr Kazak represented himself at the hearing. The respondent was represented by Mr Lancaster of counsel instructed by Freehill Hollingdale and Page, solicitors. At the conclusion of the hearing we accepted the respondent’s offer to submit further material in relation to certain aspects of defamation law on the basis that it may provide some assistance in the interpretation of the relevant legislation. Mr Kazak did not object and the respondent filed additional material on 14 April 2000.
Correct respondent
4 The respondent was named in the referral of this complaint from the President as The Australian Financial Review. Mr Lancaster agreed that The Australian Financial Review was not a legal entity and that John Fairfax Publications Ltd (Fairfax Publications) should be substituted for The Australian Financial Review as the respondent in these proceedings. Tom Switzer…
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- Case
- [2000] NSWADT 77
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the publication of the articles by the defendant constituted a breach of privacy under the Privacy Act. This involved examining the nature of the information published, the context in which it was published, and whether there was a reasonable expectation of privacy in the information. The court also had to consider the public interest in the publication of the information and whether it outweighed any privacy interests.
The court found that the complaint was substantiated, indicating that the defendant's publication of the articles did indeed constitute a breach of privacy. The court noted that the information published was highly personal and sensitive, and that the plaintiff had a reasonable expectation that such information would not be published without their consent. The court also acknowledged the public interest in the publication of the information but found that it did not sufficiently outweigh the privacy interests in this case. As a result, the matter was stood over, with part of it heard to determine appropriate remedies.
Orders
Orders of the court
1. The complaint is substantiated.; 2. Matter stood over, part heard, to determine appropriate remedies.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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