Trad v Jones

[2008] NSWADT 272

CITATION:

Trad v Jones & anor [2008] NSWADT 272

DIVISION:

Equal Opportunity Division

PARTIES:

APPLICANT
Keysar Trad

FIRST RESPONDENT
Alan Jones

SECOND RESPONDENT
Harbour Radio Pty Ltd

FILE NUMBER:

071036

HEARING DATES:

14 August 2008

SUBMISSIONS CLOSED:

14 August 2008

 
DATE OF DECISION: 

3 October 2008

BEFORE:

Britton A - Deputy President

CATCHWORDS:

Scope of complaint - amendment of complaint

MATTER FOR DECISION:

Preliminary matter

LEGISLATION CITED:

Administrative Decisions Tribunal Act 1997
Anti-Discrimination Act 1977
Sex Discrimination Act 1984 (Cth)

CASES CITED:

Ahmed v Macquarie Radio Network (Radio Station 2GB) [2006] NSWADT 89;
Commissioner of Police, New South Wales Police Service v Orr (EOD) [2001] NSWADTAP 16;
Haider v Combined District Radio Cabs Pty Lid trading as Central Coast Taxis [2008] NSWADT 123;
Khan v Commissioner, Department of Corrective Services & anor (EOD) [2001] NSWADTAP 1;
Sleiman v Kmart Australia Limited [2003] NSWADT 21; Langley v Niland [1981] 2 NSWLR;
Simplot Australia Pty Ltd v Human Rights and Equal Opportunity Commission (1996) 69 FCR;
Toll Pty Limited trading as Toll Express v Abdulrahman [2007] NSWADTAP 70.

REPRESENTATION:

APPLICANT
T Goldberg, solicitor

RESPONDENT
K Eastman, barrister

ORDERS:

1. The Applicant is invited to file Amended Points of Claim in accordance with paragraph [35] of these Reasons providing they are filed and served within 21 days from the date of there orders
2. The Respondents are to file and serve Points of Defence and all evidence on which they seek to rely within 35 days of the date of these orders
3. Matter to be set down for further directions at a date to be fixed by the Registrar.

1 In April 2005, Mr Keysar Trad lodged a complaint with the Anti–Discrimination Board against broadcaster, Alan Jones and Radio 2GB licensee, Harbour Radio Pty Ltd. Mr Trad complained that Mr Jones racially vilified him and ‘the entire Australian Muslim community and the entire Lebanese community’ during his morning radio program broadcast over a number of days.

2 The respondents contend that the Points of Claim filed on 9 August 2007 are defective and reveal that Mr Trad has misunderstood the complaint referred by the President. In short, they argue that the Points of Claim extend the scope of Mr Trad’s initiating complaint, by including segments of Mr Jones’ program not mentioned in that complaint. In addition they contend that the Points of Claim ‘plead’ religious vilification, which is not covered by the Anti–Discrimination Act 1977 (the Act).

3 Mr Trad disagrees. He contends that the subject matter of the complaint is not restricted to the parts of the broadcast expressly mentioned in the initiating complaint. He argues that the ephemeral nature of radio means that it is not possible for a complainant to identify with precision in their complaint all offending comments. Nonetheless, Mr Trad requested that if the Tribunal does not accept his contention that the Points of Claim reflect the scope of the complaint, that it grant leave for the complaint to be…