Malenha v Sullivan

[2017] NSWCATAD 222

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Malenha v Sullivan [2017] NSWCATAD 222

Hearing dates:

15 November 2017

Date of orders:

11 December 2017

Decision date:

11 December 2017

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

R C Titterton, Principal Member
A Lowe, General Member

Decision:

On or before 08 January 2018 the respondent is to:

 

(1) Apologise to the applicant by sending her the statement set out in par [50] of these reasons and signed by her.

 

(2) Provide a copy of her signed apology to NSW Housing, and ask it to cause the apology to be placed in the community hall on the ground floor of the building where the applicant used to live.

 

(3) Pay the applicant $2,500.

 (4) If the respondent does not comply with order (1) the respondent is to pay the applicant $2,500 by way of damages for non-compliance.

Catchwords:

HUMAN RIGHTS — Discrimination — Grounds — Racial vilification – Where applicant called a “Portuguese pig” -

  HUMAN RIGHTS — Discrimination — Grounds — Racial vilification – Remedies – Principles in relation to compensation for economic loss - Principles in relation to compensation for non-economic loss -

Legislation Cited:

Anti-Discrimination Act 1977

Cases Cited:

Burns v Sunol [2012] NSWADT 246
Margan v Taufaao [2017] NSWCATAD 216
Sunol v Collier (No 2) [2012] NSWCA 44
Veloskey v Karagiannakis [2002] NSWADATAP 18

Texts Cited:

Rees, Rice and Allen, Australian Anti-Discrimination Law, Second Edition, (Federation Press, 2014).

Category:

Principal judgment

Parties:

Clotilde (Judite Ferreira) Rodrigues Malenha (Applicant)
Clare Sullivan (Respondent)

Representation:

P Griffin SC (Applicant)

File Number(s):

2017/00279605

REASONS FOR DECISION

Introduction

1. The applicant Mrs Clotilde Malenha and the respondent Ms Clare Sullivan were neighbours in a social housing complex in Daisyville. Mrs Malenha alleges that Ms Sullivan repeatedly and consistently subjected her to racial abuse, which included public comments which Mrs Malenha alleges had the capacity to incite hatred on the basis of her race.

2. Mrs Malenha asks that the Tribunal order the respondent Ms Clare Sullivan to pay her compensation for economic and for non-economic loss, and that we order Ms Sullivan to apologise to her and a further order that the respondent cease her behaviour.

3. For the reasons that follow, we have decided to order the respondent:

1. To apologise to Mrs Malenha;

2. To provide a copy of her signed apology to NSW Housing, and ask it to cause the apology to be placed in the community hall on the ground floor of the building where Mrs Malenha used to live;

3. To pay Mrs Malenha $2,500 as compensation.

4. If the respondent does not apologise to Mrs Malenha in accordance with these reasons, she is to pay Mrs Malenha $2,500 as damages for non-compliance.

Preliminary

5. The respondent did not appear at the hearing. We were satisfied that she had been notified of the hearing. She had not appeared at any of the direction hearings, nor filed any documents in accordance with earlier directions. In the circumstances, we thought it appropriate for the hearing…