Smith v New South Wales Crime Commission (No 4) [2024] NSWSC 1656

Smith v New South Wales Crime Commission (No 4) [2024] NSWSC 1656

Final suppression and pseudonym orders are necessary to protect the fourth defendant's safety and are justified in the public interest, given the evidence of risk and the limited impact on open justice, with the orders to apply throughout Australia for 40 years.

Parties
First Plaintiff: John Smith (a pseudonym); Second Plaintiff: Jane Smith (a pseudonym); First Defendant: New South Wales Crimes Commission; Second Defendant: Director of Public Prosecutions; Third Defendant: State of New South Wales; Fourth Defendant: Jane Doe
Jurisdiction
Australia
Judgment Date
18 December 2024
Procedural Posture
Civil / Interlocutory Application for Suppression and Non Publication Orders
Outcome
Suppression and non-publication orders made in the agreed terms, interim orders set aside, costs of the motion to be costs in the cause.
Legal Topics
Suppression Orders, Non Publication Orders, Pseudonym Orders, Open Justice, Personal Safety of Parties
Civil Procedure Suppression Orders Non Publication Orders Pseudonym Orders Open Justice Personal Safety of Parties

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Parties

John Smith (a pseudonym)

First Plaintiff

Jane Smith (a pseudonym)

Second Plaintiff

New South Wales Crimes Commission

First Defendant

Director of Public Prosecutions

Second Defendant

State of New South Wales

Third Defendant

Jane Doe

Fourth Defendant

Procedural Posture

Civil / Interlocutory Application for Suppression and Non Publication Orders

Legal Issues

  1. 1 Whether orders for suppression and pseudonym are necessary to protect the safety of the fourth defendant
  2. 2 Whether the suppression and non-publication orders are necessary in the public interest and justified despite the impact on open justice

Ratio Decidendi

Final suppression and pseudonym orders are necessary to protect the fourth defendant's safety and are justified in the public interest, given the evidence of risk and the limited impact on open justice, with the orders to apply throughout Australia for 40 years.

Court Disposition

Suppression and non-publication orders made in the agreed terms, interim orders set aside, costs of the motion to be costs in the cause.

Orders

  • The interim orders under the Court Suppressions and Non-Publication Orders Act 2010 (NSW) are set aside.
  • Costs of the motion are costs in the cause.