Anti-Gay blogger Bernard Gaynor attempt’s to ban gay rights activist Garry Burns from lodging lawsuits against him under the Anti-Discrimination Act 1977 ( NSW )
For Immediate Release
2 May 2019
Anti-Homosexual and alleged QLD Christian blogger Bernard Gaynor has filed a Summons in the NSW Supreme Court against 4 defendants, the NSW Anti-Discrimination Board ( ADB ), the NSW Civil & Administrative Tribunal ( NCAT ), the Local Court of NSW and Anti-Discrimination Campaigner Garry Burns.
Garry Burns is a Sydney based Anti-Discrimination Campaigner famous for suing radio broadcaster John Law for calling gay men “ pillow biters. ”
Mr Burns and Mr Gaynor have been locked in litigation under the Anti-Discrimination Act 1977 ( NSW ) for a number of years now winding up all the way to the High Court of Australia where Mr Burns appeal was dismissed for want of jurisdiction by the full bench of the High Court.
While the Summons is hard to understand it seems to be challenging Part 3 A of the NCAT Act, which was enacted to fix the federal diversity jurisdiction ( FDJ ) issue, does not do so because due to the FDJ issue there is nothing to be transferred.
That is, not even a procedural mechanism for transferring a complaint to a State Court ( which has FDJ ) is constitutionally valid. That argument is potentially arguable, but it appears to be extremely weak based on the Summons.
Mr Burns said, “ This is the many puzzling aspects of the Summons, which in many respects is a legally embarrassing document.”
The hearing will take place in Court 9 D of the NSW Supreme Court today at 10am before Justice Harrison.
Mr Burns has put on a submitting appearance and will play no further role in the hearing. The Hon Attorney General has also intervened.
Some of the comments Mr Gaynor allowed to be published on his Facebook page referred to Mr Burns as “ Psycho Stalking and a Gay Child Sex Normalisation Activist.”
“ I love this filthy creature ( referring to Mr Burns ) has made contact with Islamic Organisations !! Truth be known ….any Muslim worth his salt would happily behead this homosexual … so why this twat is looking to them for help is hilarious and utterly stupid. It does sound Bored ( sic ) though and idle hands are devils playground.”
“ Am speechless. Sue him for harassment ? I mean moslems ( sic ) kill homosexuals. This guy is clearly unhinged. “
Mr Gaynor filed an Affidavit in the NSW Supreme Court on the 10 September 2018 where he said at number 3 of that Affidavit ;
“ I earn a living as an independent conservative blogger, focusing on issues regarding national security , politics and the defence of the traditional family unit and Western Christian civilisation and values. “
“ There is nothing Christian in what Mr Gaynor has published about me on his Facebook Page. He is clearly allowing for me to be targeted on the ground of my male homosexuality for contempt, ridicule and hate. “ said Mr Burns.
The 3 complaints before the local court against Mr Gaynor have been stayed until today’s hearing is determined. Once the Summons is dismissed ( which it will be ) Mr Gaynor will be back before the local court of NSW where Mr Burns will have his 3 complaints against him determined before a local court Magistrate under the Federal Diversity Jurisdiction. ( FDJ )
“ What this is really about is Mr Gaynor doing all he can prevent a merits hearing of my application’s because if that happened this alleged Christian man would be found guilty of unlawful homosexuality vilification, “ said Mr Burns.
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