(b) find the complaint substantiated in whole or in part.
95 We have found 9 separate publications on Mr Sunol's blog site to constitute
homosexual vilification. (Publications 1, 2, 3, 4 (paras 1 and 3) 7, 8 (second
passage), 9 and 10.) We have also found four instances of victimisation in
publications 4 (paras 2, 4 and 5), 5, 6 and 7. Notably publication 7 constitutes
both homosexual vilification and victimisation.
96 Having found some of the complaints substantiated, we may make certain
orders in relation to those complaints: s 108(2). Those orders include damages
by way of compensation for any loss or damage suffered by reason of Mr
Sunol's conduct, an order enjoining Mr Sunol from continuing or repeating any
unlawful conduct and an order to publish an apology or retraction. In addition,
if the Tribunal orders an apology or enjoins a respondent from continuing or
repeating certain conduct it may also order that, in default of compliance with
the order, the respondent is to pay the complainant damages not exceeding
$100,000 by way of compensation for failure to comply with the order: s
108(7).
97 Mr Burns sought an order for damages, an order that Mr Sunol write an apology
and an order enjoining Mr Sunol from continuing or repeating any unlawful
conduct. At the hearing, Mr Burns said that he does not want Mr Sunol to use
his name on the internet or to identify him as gay, corrupt, a thief or a liar. We
explained that we can only make orders stopping Mr Sunol from publishing
comments that it is unlawful for him to make.
98 In the Tribunal's 2012 decision it found some aspects of Mr Burns' complaints of
homosexual vilification and victimisation substantiated and ordered Mr Sunol
to:
(1) remove certain material from every website controlled by him;
(2) refrain from publishing that material again;
(3) post a specified apology on every website controlled by him with 14 days;
(4) pay to Mr Burns $3,000 as compensation for the harm caused to him by the
publications which were found to constitute homosexual vilification;
(5) pay to Mr Burns $3,500 as compensation for the harm caused to him by the
publications which constitute victimisation; and
(6) write a letter of apology in specified terms to Mr Burns.
99 The Tribunal determined several other complaints of homosexual vilification and
victimisation involving the same parties in Burns v Sunol (No 2) [2012]
NSWADT 247. The orders in that matter were in similar terms to those
summarised above except that Mr Sunol was ordered to pay Mr Burns $2,000
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