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Sunol v Collier

Sunol v Collier

Case [2006] NSWADTAP 51 27 September 2006

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Appeal Panel - Internal

CITATION: Sunol v Collier (EOD) [2006] NSWADTAP 51

PARTIES: APPELLANT
John Sunol
RESPONDENT
Henry Collier

FILE NUMBER: 059075 & 069021

HEARING DATES: 25/05/2006

SUBMISSIONS CLOSED: 05/25/2006

DATE OF DECISION:
09/27/2006

BEFORE: Hennessy N - Magistrate (Deputy President); Rees N - Judicial Member; Nemeth de Bikal L - Non Judicial Member

CATCHWORDS: application of legal test to facts - costs - relevant considerations - no evidence - orders - irrelevant and/or outside the Tribunal's power to make - procedural fairness - statutory interpretation

MATTER FOR DECISION: Principal matter

FILE NUMBER UNDER APPEAL: 051037

DATE OF DECISION UNDER APPEAL: 03/24/2006

LEGISLATION CITED: Administrative Decisions Tribunal Act 1997
Legal Profession Act 2004

CASES CITED: Attorney-General (NSW) v X (2000) 49 NSWLR 653
Australian Gas Light Co v Valuer-General (1940) 40 SR (NSW) 126
Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139
Bropho v Human Rights and Equal Opportunity Commission (2004) 135 FCR 105
Burns v Dye [2002] NSWADT 32
Burns v Radio 2UE Sydney Pty Ltd & Ors (No 2) [2005] NSWADT 24
Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389
Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280
Hagan v Trustees of the Toowoomba Sports Ground Trust (2001) 105 FCR 56
Hagan v Trustees of the Toowoomba Sports Ground Trust [2001] FCA 1615
Islamic Council of Victoria v Catch the Fire Ministries Inc [2005] VCAT 1159
Jones v Scully (2002) 120 FCR 243
Jones v Toben [2002] FCA 1150
Moyna v Secretary of State for Work and Pensions [2003] 4 All ER 162
Toben v Jones (2003) 129 FCR 515
Tu v University of Sydney (No. 2) (EOD) [2002] NSWADTAP 25
Veloskey v Karagiannakis [2002] NSWADTAP 18
Wentworth v Rogers [2002] NSWSC 709

REPRESENTATION:
APPELLANT
B Boulton, counsel
RESPONDENT
Dr S Pritchard, counsel

ORDERS: 1. The appeal against the Tribunal’s decision on liability dated 17 November 2005 is dismissed; 2. In relation to the liability decision, Mr Collier’s application for costs is refused; 3. In relation to the appeal against the Tribunal’s decision on remedies dated 24 March 2006:; (a) Order 1 is set aside. In substitution for that order, the following order is made:; Within fourteen (14) days of the date of this decision, Mr Sunol is to remove from every website controlled by him, the following material:; (d) ‘I have spoken out sharply against the Gay Lobby and feminist lefttist social changes which are anti-God and out to destroy todays society. This includes, ; Same sex partners Marriage: ; Adoption for homosexual couples: ; Decriminalised drugs, Mariuajana and Heroine ect: ; and other such evils.’ ; (e) ‘Faggots are all wicked evil people.’ ; (f) ‘I am willing to go to prison for being dissobedient to any law of such and I will incite others to do so as well.’ ; (g) ‘God will burn Sydney to the Ground because of the evilness of these fags.’ ; (i) ‘I hope and pray that God mooves and brings more…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Sunol v Collier

Details

AGLC: Sunol v Collier [2006] NSWADTAP 51
Case: [2006] NSWADTAP 51
Decision Date: 27/09/2006

CaseChat Overview and Summary

Sunol v Collier is a case involving the application of legal tests to facts, costs, and statutory interpretation, which was heard by the NSW Court of Appeal. The appellant, Mr Sunol, challenged a decision made by the Anti-Discrimination Tribunal of New South Wales regarding the removal of certain content from his websites and an apology for his comments about the gay lobby and homosexuals. The respondent, Mr Collier, sought costs against Mr Sunol for the appeal. The court was required to determine whether the Tribunal's decision on liability and remedies were correct, and if the orders made by the Tribunal were appropriate.

The court examined the legal issues related to the application of the legal test to the facts and the relevance of the evidence presented. It also considered the Tribunal's power to make orders and whether procedural fairness was observed. The court held that the Tribunal's decision on liability was correct, and dismissed the appeal. The court found that Mr Sunol's comments were vilification because they were capable of inciting hatred or serious contempt of homosexuals and the gay lobby. The court also found that the Tribunal's orders on remedies were not appropriate, and set aside the orders made by the Tribunal. Instead, the court ordered Mr Sunol to remove certain material from his websites and to post an apology on his websites and other specified websites.

In conclusion, the court dismissed the appeal against the Tribunal's decision on liability and refused Mr Collier's application for costs. The court set aside the orders made by the Tribunal on remedies and substituted them with new orders. The new orders required Mr Sunol to remove certain material from his websites and to post an apology on his websites and other specified websites. The court's decision highlights the importance of considering the relevant legal tests, evidence, and statutory interpretation in making decisions on vilification claims.

Orders

Orders of the court

1. The appeal against the Tribunal's decision on liability dated 17 November 2005 is dismissed; 2. In relation to the liability decision, Mr Collier's application for costs is refused; 3. In relation to the appeal against the Tribunal's decision on remedies dated 24 March 2006:; (a) Order 1 is set aside. In substitution for that order, the following order is made:; Within fourteen (14) days of the date of this decision, Mr Sunol is to remove from every website controlled by him, the following material:; (d) `I have spoken out sharply against the Gay Lobby and feminist lefttist social changes which are anti-God and out to destroy todays society. This includes, ; Same sex partners Marriage: ; Adoption for homosexual couples: ; Decriminalised drugs, Mariuajana and Heroine ect: ; and other such evils.' ; (e) `Faggots are all wicked evil people.' ; (f) `I am willing to go to prison for being dissobedient to any law of such and I will incite others to do so as well.' ; (g) `God will burn Sydney to the Ground because of the evilness of these fags.' ; (i) `I hope and pray that God mooves and brings more of the religious right into Australia to keep the poofs and faggs kept held down.' ; and all material to the same or similar effect concerning homosexual men, lesbians, homosexuality or the gay lobby. ; (b) Order 2 is set aside. In substitution for that order, the following order is made:; Mr Sunol is to refrain from publishing the material referred to in order 3(a), including statements to the same or similar effect, on any website whether or not controlled by him.; (c) Order 3 is set aside. In substitution for that order, the following order is made:; Within fourteen (14) days of the date of this decision, Mr Sunol is to post the following statement, attributed to him, on every website controlled by him, and in addition on the websites known as web-ministry.com and wollongongmusicscene.com: -; This apology is made pursuant to an order of the Administrative Decisions Tribunal of New South Wales (ADT) made on 27 September 2006.; On 22 September 2004 and on 20 October 2004, I published comments on various websites concerning the gay lobby and homosexuals.; On 17 November 2005, the ADT found that my comments were vilification because they were capable of inciting hatred or serious contempt of homosexuals and the gay lobby. The ADT also found that my comments were not published reasonably, and that they were sweeping generalisations of a highly offensive nature. ; I apologise for making these comments. My comments were in breach of the New South Wales Anti-Discrimination Act 1977. The aim of this Act is to promote tolerance, understanding and acceptance in the community. The Act sets limits on what can be said or done in public.

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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Citations

Sunol v Collier [2006] NSWADTAP 51

Most Recent Citation

Burns v Laws (No 2) [2007] NSWADT 47

Cases Citing This Decision

Burns v Sunol [2018] NSWCATAD 78
Citation 1

…et publications closely resembling those that we have held to amount to unlawful vilification. On appeal by Mr Sunol (see again Sunol v Collier (EOD) [2006] NSWADTAP 51), this decision was upheld as to liability, but the Tribunal's orders by way of relief were set aside and different remedies ordered. The orders made…
Burns v Sunol [2016] NSWCATAD 74
Citation 2 (Para 100)

…nlawful vilification is found to be substantiated has been the subject of extensive consideration by, the ADT (see for example, Sunol v Collier (EOD) [2006] NSWADTAP 51).…
Burns v Sunol [2015] NSWCATAD 131
Citation 3 (Para 92)

…In Sunol v Collier (EOD) [2006] NSWADTAP 51 in substitution for an order that had been made by the Tribunal at first instance the Appeal Panel made an order that Mr Sunol was to refrain from publishing certain materials “Including statements to the same or similar effect, on any website whether or not controlled by h…
Trad v Jones (No 5) [2013] NSWADT 127
Citation 4 (Para 1)

…Under this provision the Tribunal has ordered a respondent to apologise in terms which include an admission of liability: Sunol v Collier (EOD) [2006] NSWADTAP 51; Burns v Radio 2UE Sydney Pty Ltd & Ors (No2) [2005] NSWADT 24 (16 February 2005).) A similar order was ultimately made in these proceedings. In defamation…
Trad v Jones (No 4) [2012] NSWADT 265
Citation 5 (Para 1)

…ondents' submission that an apology that was made by Mr Jones on air on 6 December 2012 is an adequate acknowledgement of wrongdoing: Sunol v Collier [2006] NSWADTAP 51 at [54]. In any event, that apology was made unilaterally without the agreement of the applicant. It was not made in accordance with the Tribunal's o…
Burns v Sunol [2012] NSWADT 246
Citation 6

…eral, Department of Education and Training (No 2) [2009] NSWADTAP 20 Shaikh v Commissioner, NSW Fire Brigades (1996) EOC 92-808 Sunol v Collier (EOD) [2006] NSWADTAP 51 Sunol v Collier (No 2) [2012] NSWCA 44 Trad v Jones (No 3) [2009] NSWADT 318 Veloskey v Karagiannis (EOD) [2002] NSWADTAP 18 Category: Principal judg…
Burns v Sunol (No 2) [2012] NSWADT 247
Citation 7

…eral, Department of Education and Training (No 2) [2009] NSWADTAP 20 Shaikh v Commissioner, NSW Fire Brigades (1996) EOC 92-808 Sunol v Collier (EOD) [2006] NSWADTAP 51 Sunol v Collier (No 2) [2012] NSWCA 44 Category: Principal judgment Parties: Gary Burns (Applicant) John Christopher Sunol (Respondent) Representatio…
Watson v Director-General, Department of Services, Technology and Administration [2010] NSWADT 44
Citation 8

…ct 2002 Teaching Services Act 1980 CASES CITED: Commissioner for Fair Trading v Awadallah [2006] NSWADTAP 31 Commissioner for Fair Trading v Cruz [2006] NSWADTAP 51 Handbury Holdings Pty Ltd v Commissioner of Taxation [2009] FCAFC 141 IW v City of Perth (1997) 191 CLR 1 Kelly v Commissioner of Department of Correctiv…
Trad v Jones (No 3) [2009] NSWADT 318
Citation 9

…ul vilification is found to be substantiated has been the subject of extensive consideration by this tribunal (see for example, Sunol v Collier (EOD) [2006] NSWADTAP 51).…
Challita v NSW Department of Education and Training (GD) [2009] NSWADTAP 70
Citation 10

…TAP 3 John Fairfax Publications Pty Ltd & 2 Ors v Ryde Local Court & 3 Ors [2005] NSWCA 101; 62 NSWLR 512 Sunol v Collier [2006] NSWADTAP 51 Thaina Town (On Goulburn) Pty Ltd v City of Sydney Council [2007] NSWCA 300 REPRESENTATION: APPELLANT In person RESPONDENT A Johnson, solicitor ORDERS: 1. Appeal dismissed. 2. R…
ZR v NSW Department of Education and Training (GD) [2009] NSWADTAP 69
Citation 11 (Para 29)

…‘85 While the Appeal Panel’s discretion to grant leave is not qualified by the ADT Act (see, for example, Sunol v Collier [2006] NSWADTAP 51 at [29]), it should be exercised with caution and in the interests of justice. It is not enough that the appellant disagrees with the decision. The Appeal Panel is not designed…
DANIEL EMLYN -JONES AND FEDERAL CAPITAL PRESS [2009] ACTDT 2
Citation 12 (Para 1)

…In Sunol v Collier (EOD) [2006] NSWADTAP 51, the NSW Administrative Decisions Tribunal, Appeal Panel, discussed homosexuality vilification in terms of section 49ZT of the Anti-Discrimination Act 1977 (NSW), which requires that there be:…
Collier v Sunol [2008] NSWADT 339
Citation 13

…including statements to the same or similar effect, on any website whether or not controlled by him, and to publish an apology: Sunol v Collier (EOD) [2006] NSWADTAP 51 (27 September 2006).…
Dezfouli v Justice Health [2008] NSWADTAP 72
Citation 14 (Para 29)

…“While the Appeal Panel’s discretion to grant leave is not qualified by the ADT Act (see, for example, Sunol v Collier [2006] NSWADTAP 51 at [29]), it should be exercised with caution and in the interests of justice. It is not enough that the appellant disagrees with the decision. The Appeal Panel is not designed to…
Lyons Road Pty Ltd v The Owners Strata Plan 38722 (No.2) (RLD) [2008] NSWADTAP 47
Citation 15

…WADT 27 Singh v Solomon & Ors (No 2) (RLD) [2005] NSWADTAP 58 Sotiropoulos v Mattana Coiffure Pty Ltd (No 2) (RLD) [2004] NSWADTAP 43 Sunol v Collier [2006] NSWADTAP 51 Trust Company of Australia Ltd v Craig & Ors [2005] NSWADT 65 Wood & Anor v Bergman (No 2) [2003] NSWADT 175 Zouk v Lyons Road Pty Ltd [2005] NSWADT…
Macquarie University v Howell [2008] NSWADTAP 46
Citation 16

…nnett v Vice Chancellor, University of New England [2000] NSWADT 8 Re B and Brisbane North Regional Health Authority (1994) 1 QAR 279 Sunol v Collier [2006] NSWADTAP 51 CDJ v VAJ (1998) 197 CLR 172 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Livesey v New South Wales Bar Association (1983…
Burns v Laws (EOD) [2008] NSWADTAP 32
Citation 17

…estigating Committee (2005) 65 NSWLR 245 Hinton & Ors v Commissioner for Fair Trading, Office of Fair Trading (GD) [2007] NSWADTAP 17 Sunol v Collier [2006] NSWADTAP 51 CDJ v VAJ (1998) 197 CLR 172 Veloskey & Anor v Karagiannis & Ors [2002] NSWADTAP 18 Harou-Sourdon v TCN Channel Nine Ltd (1994) EOC 92-604 Western Ab…
Cianfrano v Premier's Department New South Wales [2008] NSWADTAP 21
Citation 18 (Para 29)

…[85]: While the Appeal Panel’s discretion to grant leave is not qualified by the ADT Act (see, for example, Sunol v Collier [2006] NSWADTAP 51 at [29]), it should be exercised with caution and in the interests of justice. It is not enough that the appellant disagrees with the decision. The Appeal Panel is not designe…
Laws v Burns (EOD) [2007] NSWADTAP 72
Citation 19

…et [2006] NSWADTAP 3 Xu v Sydney West Area Health [2006] NSWADT 3 Burns v Laws [2005] NSWADT 229 Burns v Laws (No 2) [2007] NSWADT 47 Sunol v Collier [2006] NSWADTAP 51 Wentworth v Rogers [2002] NSWSC 709 House v The King (1936) 55 CLR 499 CSR Ltd v Eddy (2005) 226 CLR 1; [2005] HCA 64 REPRESENTATION: J Robb, , solic…
P v Greater Western Area Health Service (GD) [2007] NSWADTAP 57
Citation 20

…estigating Committee (2005) 64 NSWLR 245 Hinton & Ors v Commissioner for Fair Trading, Office of Fair Trading (GD) [2007] NSWADTAP 17 Sunol v Collier [2006] NSWADTAP 51 CDJ v VAJ (1998) 197 CLR 172 Chief Executive Officer, State Rail Authority v Woods (No. 1) [2003] NSWADTAP 25 Chief Executive Officer, State Rail Aut…
Borovina v Commissioner for Fair Trading (GD) [2007] NSWADTAP 44
Citation 21

…mission v Litchfield (1997) 41 NSWLR 630 Hinton & Ors v Commissioner for Fair Trading, Office of Fair Trading (GD) [2007] NSWADTAP 17 Sunol v Collier [2006] NSWADTAP 51 CDJ v VAJ (1998) 197 CLR 172 REPRESENTATION: APPELLANT T J Davie of counsel instructed by N Borak, Borak & Co RESPONDENT V Griswold instructed by W M…
Burns v Laws (No 3) [2007] NSWADT 164
Citation 22

…10 Collier v Sunol (No 2) [2006] NSWADT 88 Graham v Director-General, Department of Community Services (EOD) [2001] NSWADTAP 4 Sunol v Collier (EOD) [2006] NSWADTAP 51 Wentworth v Wentworth, unreported, Court of Appeal, NSW, 21 February 1996 (BC9600215) Williams v Spautz (1992) 174 CLR 509 Y v W and X (EOD) [2003] N…
Dykes and Wildie v Heatherway Pty Ltd (RLD) [2007] NSWADTAP 26
Citation 23

…nce (Australia) Ltd (1987) 162 CLR 549 Hinton & Ors v Commissioner for Fair Trading, Office of Fair Trading (GD) [2007] NSWADTAP 17 Sunol v Collier [2006] NSWADTAP 51 CDJ v VAJ (1998) 197 CLR 172 JHC Sydney Pty Ltd v Everson & Fauchon [2003] NSWADT 100 Ferns v Commissioner of Corrective Services [2006] NSWADTAP 50 Un…
Hinton v Commissioner for Fair Trading, Office of Fair Trading [2007] NSWADTAP 17
Citation 24

…v Vaggelas (1985) 157 CLR 215 Neilsen v Hempston Holdings Pty Ltd 65 ALR 302 Aronberg v Federal Trade Commission (1943) 132 F 2d 165 Sunol v Collier [2006] NSWADTAP 51 CDJ v VAJ (1998) 197 CLR 172 R v. District Court of the Metropolitan District Holden at Sydney; Ex parte White (1966) 116 CLR 644 Azzopardi v. Tasman…
Burns v Laws (No 2) [2007] NSWADT 47
Citation 25

…of New South Wales (2001) 53 NSWLR 559 R v Central Independent Television plc [1994] 3 All ER 641 R v Keegstra (1990) 61 CCC (3d) 1 Sunol v Collier [2006] NSWADTAP 51 Toben v Jones [2003] FCAFC 137 Veloskey & Ors v Karagiannis & Ors [2002] NSWADTAP 18 Wagga Wagga Aboriginal Action Group v Eldridge (1995) EOC 92-701 W…

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Cases Cited

Burns v Radio 2UE Sydney Pty Ltd & Ors (No 2) [2005] NSWADT 24
Citation 1

…Bropho v Human Rights and Equal Opportunity Commission (2004) 135 FCR 105 Burns v Dye [2002] NSWADT 32 Burns v Radio 2UE Sydney Pty Ltd & Ors (No 2) [2005] NSWADT 24 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Hagan v Trustees o…
Burns v Radio 2UE Sydney Pty Ltd & Ors [2004] NSWADT 267
Citation 2 (Para 29)

…edgment of wrongdoing rather than as an actual statement of regret. This was the approach taken by the Tribunal in Burns v Radio 2UE Sydney Pty Ltd [2004] NSWADT 267 at [29]-[30]. If follows that we set aside Order 3 and make an order in substitution for that order. The text of the apology is set out below under the…
Bropho v Human Rights and Equal Opportunity Commission [2002] FCA 1510
Citation 3

…Valuer-General (1940) 40 SR (NSW) 126 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Bropho v Human Rights and Equal Opportunity Commission (2004) 135 FCR 105 Burns v Dye [2002] NSWADT 32 Burns v Radio 2UE Sydney Pty Ltd & Ors (No 2) [2005] NSWADT 24 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 38…
Jones v Toben [2002] FCA 1150
Citation 4

…nd Trust [2001] FCA 1615 Islamic Council of Victoria v Catch the Fire Ministries Inc [2005] VCAT 1159 Jones v Scully (2002) 120 FCR 243 Jones v Toben [2002] FCA 1150 Moyna v Secretary of State for Work and Pensions [2003] 4 All ER 162 Toben v Jones (2003) 129 FCR 515 Tu v University of Sydney (No. 2) (EOD) [2002]…
Jones v Scully [2002] FCA 1080
Citation 5

…tees of the Toowoomba Sports Ground Trust [2001] FCA 1615 Islamic Council of Victoria v Catch the Fire Ministries Inc [2005] VCAT 1159 Jones v Scully (2002) 120 FCR 243 Jones v Toben [2002] FCA 1150 Moyna v Secretary of State for Work and Pensions [2003] 4 All ER 162 Toben v Jones (2003) 129 FCR 515 Tu v University o…
Wentworth v Rogers [2002] NSWSC 709
Citation 6

…v Jones (2003) 129 FCR 515 Tu v University of Sydney (No. 2) (EOD) [2002] NSWADTAP 25 Veloskey v Karagiannakis [2002] NSWADTAP 18 Wentworth v Rogers [2002] NSWSC 709 REPRESENTATION: APPELLANT B Boulton, counsel RESPONDENT Dr S Pritchard, counsel ORDERS: 1. The appeal against the Tribunal’s decision on liability da…
Tu v University of Sydney (No 2) [2002] NSWADTAP 25
Citation 7

…CA 1150 Moyna v Secretary of State for Work and Pensions [2003] 4 All ER 162 Toben v Jones (2003) 129 FCR 515 Tu v University of Sydney (No. 2) (EOD) [2002] NSWADTAP 25 Veloskey v Karagiannakis [2002] NSWADTAP 18 Wentworth v Rogers [2002] NSWSC 709 REPRESENTATION: APPELLANT B Boulton, counsel RESPONDENT Dr S Pritchar…
Veloskey v Karagiannakis [2002] NSWADTAP 18
Citation 8

…and Pensions [2003] 4 All ER 162 Toben v Jones (2003) 129 FCR 515 Tu v University of Sydney (No. 2) (EOD) [2002] NSWADTAP 25 Veloskey v Karagiannakis [2002] NSWADTAP 18 Wentworth v Rogers [2002] NSWSC 709 REPRESENTATION: APPELLANT B Boulton, counsel RESPONDENT Dr S Pritchard, counsel ORDERS: 1. The appeal against the…
Burns v Dye [2002] NSWADT 32
Citation 9

…W) 126 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Bropho v Human Rights and Equal Opportunity Commission (2004) 135 FCR 105 Burns v Dye [2002] NSWADT 32 Burns v Radio 2UE Sydney Pty Ltd & Ors (No 2) [2005] NSWADT 24 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 Collector of Customs v Pozz…
De Rose v The State of SA (No 3) [2001] FCA 1615
Citation 10

…y Ltd (1993) 43 FCR 280 Hagan v Trustees of the Toowoomba Sports Ground Trust (2001) 105 FCR 56 Hagan v Trustees of the Toowoomba Sports Ground Trust [2001] FCA 1615 Islamic Council of Victoria v Catch the Fire Ministries Inc [2005] VCAT 1159 Jones v Scully (2002) 120 FCR 243 Jones v Toben [2002] FCA 1150 Moyna v…
Oberoi v HREOC [2001] FMCA 34
Citation 11

…eminated by a respondent is false. The present proceedings were not concerned with the truth or falsity of what was distributed by the respondent; rather, it was concerned with whether her leaflets were reasonably likely to offend, insult, humiliate or intimidate Jews in Australia. 54 We accept what Hely J said a…
Hagan v Trustees of the Toowoomba Sports Ground Trust [2000] FCA 1615
Citation 12

…Ltd (1996) 186 CLR 389 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Hagan v Trustees of the Toowoomba Sports Ground Trust (2001) 105 FCR 56 Hagan v Trustees of the Toowoomba Sports Ground Trust [2001] FCA 1615 Islamic Council of Victoria v Catch the Fire Ministries Inc [2005] VCAT 1159 Jo…
Attorney-General for the State of New South Wales v X [2000] NSWCA 199
Citation 13

…ER APPEAL: 03/24/2006 LEGISLATION CITED: Administrative Decisions Tribunal Act 1997 Legal Profession Act 2004 CASES CITED: Attorney-General (NSW) v X (2000) 49 NSWLR 653 Australian Gas Light Co v Valuer-General (1940) 40 SR (NSW) 126 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Bropho v Human Rights and Eq…
Collector of Customs v AGFA-Gevaert Ltd [1996] HCA 36
Citation 14

…2004) 135 FCR 105 Burns v Dye [2002] NSWADT 32 Burns v Radio 2UE Sydney Pty Ltd & Ors (No 2) [2005] NSWADT 24 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Hagan v Trustees of the Toowoomba Sports Ground Trust (2001) 105 FCR 56 Hagan…
Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456
Citation 15

…ty Ltd & Ors (No 2) [2005] NSWADT 24 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Hagan v Trustees of the Toowoomba Sports Ground Trust (2001) 105 FCR 56 Hagan v Trustees of the Toowoomba Sports Ground Trust [2001] FCA 1615 Islamic…
Hagan v Trustees of the Toowoomba Sports Ground Trust [2001] FCA 123
Citation 16

…) [2005] NSWADT 24 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Hagan v Trustees of the Toowoomba Sports Ground Trust (2001) 105 FCR 56 Hagan v Trustees of the Toowoomba Sports Ground Trust [2001] FCA 1615 Islamic Council of Victoria v Catch the Fire Ministries Inc [2005] V…
Islamic Council of Victoria v Catch the Fire Ministries Inc [2005] VCAT 1159
Citation 17

…t (2001) 105 FCR 56 Hagan v Trustees of the Toowoomba Sports Ground Trust [2001] FCA 1615 Islamic Council of Victoria v Catch the Fire Ministries Inc [2005] VCAT 1159 Jones v Scully (2002) 120 FCR 243 Jones v Toben [2002] FCA 1150 Moyna v Secretary of State for Work and Pensions [2003] 4 All ER 162 Toben v Jones (2…
Australian Gas Light Co v Valuer-General (1940) 40 SR 126
Citation 18

…6 LEGISLATION CITED: Administrative Decisions Tribunal Act 1997 Legal Profession Act 2004 CASES CITED: Attorney-General (NSW) v X (2000) 49 NSWLR 653 Australian Gas Light Co v Valuer-General (1940) 40 SR (NSW) 126 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Bropho v Human Rights and Equal Opportunity Commission (2004) 135 FCR 105 Bu…
Azzopardi v Tasman UEB Industries Ltd 2002 SC13437
Citation 19

…Attorney-General (NSW) v X (2000) 49 NSWLR 653 Australian Gas Light Co v Valuer-General (1940) 40 SR (NSW) 126 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Bropho v Human Rights and Equal Opportunity Commission (2004) 135 FCR 105 Burns v Dye [2002] NSWADT 32 Burns v Radio 2UE Sydney Pty Ltd & Ors (No 2)…
Toben v Jones [2003] FCAFC 137
Citation 20

…[2005] VCAT 1159 Jones v Scully (2002) 120 FCR 243 Jones v Toben [2002] FCA 1150 Moyna v Secretary of State for Work and Pensions [2003] 4 All ER 162 Toben v Jones (2003) 129 FCR 515 Tu v University of Sydney (No. 2) (EOD) [2002] NSWADTAP 25 Veloskey v Karagiannakis [2002] NSWADTAP 18 Wentworth v Rogers [2002] NSWSC 70…
Bropho v Human Rights & Equal Opportunity Commission [2004] FCAFC 16
Citation 21

…NSW) v X (2000) 49 NSWLR 653 Australian Gas Light Co v Valuer-General (1940) 40 SR (NSW) 126 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Bropho v Human Rights and Equal Opportunity Commission (2004) 135 FCR 105 Burns v Dye [2002] NSWADT 32 Burns v Radio 2UE Sydney Pty Ltd & Ors (No 2) [2005] NSWADT 24 Collector of Customs v Agfa-Gevaert Ltd (1996…

Legislation Cited

Administrative Decisions Tribunal Act 1997 (NSW) 113(2)(a)
2 mentions
Legal Profession Act 2004 (Vic) 386(2)(c)
2 mentions
Anti-Discrimination Act 1977 (NSW)
1 mention
Racial Discrimination Act 1975 (Cth)
1 mention

CITATION:	Sunol v Collier (EOD) [2006] NSWADTAP 51
PARTIES:	APPELLANT John Sunol RESPONDENT Henry Collier
FILE NUMBER:	059075 & 069021
HEARING DATES:	25/05/2006
SUBMISSIONS CLOSED:	05/25/2006
DATE OF DECISION:	09/27/2006
BEFORE:	Hennessy N - Magistrate (Deputy President); Rees N - Judicial Member; Nemeth de Bikal L - Non Judicial Member
CATCHWORDS:	application of legal test to facts - costs - relevant considerations - no evidence - orders - irrelevant and/or outside the Tribunal's power to make - procedural fairness - statutory interpretation
MATTER FOR DECISION:	Principal matter
FILE NUMBER UNDER APPEAL:	051037
DATE OF DECISION UNDER APPEAL:	03/24/2006
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Legal Profession Act 2004
CASES CITED:	Attorney-General (NSW) v X (2000) 49 NSWLR 653 Australian Gas Light Co v Valuer-General (1940) 40 SR (NSW) 126 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Bropho v Human Rights and Equal Opportunity Commission (2004) 135 FCR 105 Burns v Dye [2002] NSWADT 32 Burns v Radio 2UE Sydney Pty Ltd & Ors (No 2) [2005] NSWADT 24 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Hagan v Trustees of the Toowoomba Sports Ground Trust (2001) 105 FCR 56 Hagan v Trustees of the Toowoomba Sports Ground Trust [2001] FCA 1615 Islamic Council of Victoria v Catch the Fire Ministries Inc [2005] VCAT 1159 Jones v Scully (2002) 120 FCR 243 Jones v Toben [2002] FCA 1150 Moyna v Secretary of State for Work and Pensions [2003] 4 All ER 162 Toben v Jones (2003) 129 FCR 515 Tu v University of Sydney (No. 2) (EOD) [2002] NSWADTAP 25 Veloskey v Karagiannakis [2002] NSWADTAP 18 Wentworth v Rogers [2002] NSWSC 709
REPRESENTATION:	APPELLANT B Boulton, counsel RESPONDENT Dr S Pritchard, counsel
ORDERS:	1. The appeal against the Tribunal’s decision on liability dated 17 November 2005 is dismissed; 2. In relation to the liability decision, Mr Collier’s application for costs is refused; 3. In relation to the appeal against the Tribunal’s decision on remedies dated 24 March 2006:; (a) Order 1 is set aside. In substitution for that order, the following order is made:; Within fourteen (14) days of the date of this decision, Mr Sunol is to remove from every website controlled by him, the following material:; (d) ‘I have spoken out sharply against the Gay Lobby and feminist lefttist social changes which are anti-God and out to destroy todays society. This includes, ; Same sex partners Marriage: ; Adoption for homosexual couples: ; Decriminalised drugs, Mariuajana and Heroine ect: ; and other such evils.’ ; (e) ‘Faggots are all wicked evil people.’ ; (f) ‘I am willing to go to prison for being dissobedient to any law of such and I will incite others to do so as well.’ ; (g) ‘God will burn Sydney to the Ground because of the evilness of these fags.’ ; (i) ‘I hope and pray that God mooves and brings more…