CITATION: Ekermawi v Harbour Radio Pty Ltd & Ekermawi v Nine Network Television Pty Ltd (No 2) [2010] NSWADT 198 DIVISION: Equal Opportunity Division PARTIES: Applicant:
Sam EkermawiRespondent (file 061083):
Harbour Radio Pty LtdFirst Respondent (files 071003, 071004):
Second Respondent (files 071003, 071004):
Nine Network Australia Pty Ltd
Harbour Radio Pty LtdFILE NUMBER: 061083; 071003; 071004 HEARING DATES: On the papers SUBMISSIONS CLOSED: 21 July 2010
DATE OF DECISION:
4 August 2010BEFORE: Chesterman M - Deputy President; Kelleghan D - Non-Judicial Member; Schneeweiss J - Non-Judicial Member CATCHWORDS: Costs – equal opportunity – racial vilification LEGISLATION CITED: Administrative Decisions Tribunal Act 1997
Anti-Discrimination Act 1977CASES CITED: AT v Commissioner of Police [2010] NSWCA 131
Comcare v Fiedler [2001] FCA 1810
Dowsett v Fitness First Australia Pty Ltd [2008] NSWADT 226
Ekermawi v Fairfax Publications Pty Ltd [2008] NSWADT 351
Ekermawi v Harbour Radio Pty Ltd, Ekermawi v Nine Network Television Pty Ltd [2010] NSWADT 145
Ekermawi v Network Ten Pty Ltd [2008] NSWADT 334
Ekermawi v Nine Network Television Pty Ltd and anor [2007] NSWADT 295
Jenkins v YMCA of Great Lakes Inc. t/as Great Lakes Aquatic & Leisure Centre [2008] NSWADT 335
Khan v Commissioner, Department of Corrective Services & anor [2002] NSWADT 131
Lynch v Alan Hingston as trustee for the AP Family Trust trading as Grafton Sawmilling [2009] NSWADT 263
Mandla v Dowell Lee [1982] UKHL 7; [1983] 2 AC 548
Salon Today Pty Ltd v M M I R Pty Ltd [2009] NSWADT 71
Tu v University of Sydney (No 2) [2002] NSWADT 22REPRESENTATION: Applicant Representative:
Respondents Representative:
In person
A Stewart, solicitorORDERS: The Applicant is to pay the Respondents’ costs of these proceedings incurred after 9 November 2009, as agreed or assessed.
REASONS FOR DECISION
Introduction
1 These three Tribunal matters, which were heard in conjunction, concerned complaints made by the Applicant, Mr Sam Ekermawi, under the Anti-Discrimination Act 1977 (‘the AD Act’) against two Respondents, Harbour Radio Pty Ltd and Nine Network Australia Pty Ltd. The grounds of his complaints were that the Respondents, by broadcasting certain statements in radio or television programs within New South Wales during July and August 2005, contravened the provisions against racial vilification contained in section 20C of this Act.
2 The hearing of the complaints before us took place on 31 November, 1 December and 2 December 2009. At the conclusion, we gave directions for the filing of supplementary submissions.
3 In a decision delivered on 10 June 2010 (Ekermawi v Harbour Radio Pty Ltd, Ekermawi v Nine Network Television Pty Ltd [2010] NSWADT 145 – hereafter ‘the principal decision’), we dismissed Mr Ekermawi’s complaints.
4 In this decision at [75], we noted that the Respondents, if successful, wished to be heard on the matter of costs. We gave directions for submissions on this matter to be filed and served and indicated that we would determine this matter ‘on the papers’, pursuant to section 76 of the Administrative Decisions…
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- Case
- [2010] NSWADT 198
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether Leech had indeed experienced racial vilification and discrimination, and if the Corporation's conduct amounted to a breach of the Act. The court had to interpret the relevant provisions of the Act and examine the evidence presented by both parties. The key issue was whether Leech's complaints were sufficiently substantiated to warrant a finding in his favour, and whether the Corporation's actions could be considered discriminatory or vilifying under the Act.
The court found that Leech had not established his claims on the balance of probabilities. The evidence did not support the applicant's allegations to the requisite standard. Consequently, the court dismissed the application. Given the outcome, the court ordered that the applicant pay the respondents' costs of the proceedings incurred after 9 November 2009, as agreed or assessed.
Orders
Orders of the court
The Applicant is to pay the Respondents’ costs of these proceedings incurred after 9 November 2009, as agreed or assessed.
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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