Act.
88 In paragraphs 2, 4 and 5 of the fourth publication, Mr Sunol calls Mr Burns a
"thieving rotten mongrel", a "plain rotten thief", and "a liar cheat and thief".
He says "this thief of a Gary" set him up. Making these comments constitutes
a detriment to Mr Burns. The intensity and repetition of this derogatory
language satisfied us that, objectively, Mr Burns suffered a detriment which is
not trivial. We accept that, subjectively, he was humiliated and distressed by
being called these names.
89 These comments were made because Mr Burns brought proceedings against him
and the Tribunal made orders in relation to those proceedings.
90 This complaint of victimisation is substantiated.
91 The comments on the first page of the fifth publication (the letter to Mr Burns)
resemble those made by Mr Sunol in the fourth publication. It is clear from the
comments themselves that Mr Sunol abused Mr Burns on the first page of this
letter because he had brought proceedings against him. The repeated use of
strong and derogatory language would have caused Mr Burns a detriment,
namely humiliation and distress. This part of Mr Burns' complaint of
victimisation is substantiated.
92 The comment at the end of the letter does not constitute victimisation because
it was not made on the ground that Mr Burns had brought proceedings under
the AD Act. There is no link in that sentence between Mr Burns having done
anything referred to in paras (a) to (d) of s 50 and any detriment he may have
suffered. This part of Mr Burns' complaint of victimisation is not substantiated.
93 In relation to the sixth and seventh publications, these comments were made
because Mr Burns brought proceedings against Mr Sunol under the AD Act.
Calling Mr Burns "a thief and a liar who manipulates the law to get money off
people" and a "thieving rotten lying faggot who lies in court" is a detriment to
Mr Burns. All the comments were made on the ground that Mr Burns had
brought proceedings against him. These parts of Mr Burns' complaint of
victimisation are substantiated.
REMEDIES
Background
94 Section 108(1) of the AD Act provides that:
(1) In proceedings relating to a complaint, the Tribunal may:
(a) dismiss the complaint in whole or in part, or
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