SafeWork NSW v Edstein Creative Pty Ltd (No. 3) [2023] NSWDC 335

SafeWork NSW v Edstein Creative Pty Ltd (No. 3) [2023] NSWDC 335

AB did not establish any ground under s 8 of the Court Suppression and Non-publication Orders Act 2010 (NSW). The evidence showed distress and embarrassment from well-meaning contacts after publication, but no medical or other evidence that those feelings were likely to prejudice AB's safety or amount to a psychological threat to safety. Nor was there evidence that publication of AB's name would prejudice the proper administration of justice, particularly where AB and his partner had declined to discuss the proceedings and no further judgment was expected before trial.

Jurisdiction
Australia
Judgment Date
29 August 2023
Procedural Posture
Criminal Proceedings; Application for a Non Publication Order Under the Court Suppression and Non Publication Orders Act 2010 (nsw) / Notice of Motion Filed on 21 July 2023 Heard Before Trial
Outcome
Notice of Motion dismissed.
Legal Topics
['suppression and Non Publication Orders' 'open Justice' 'witness Identity' 'safety of a Witness' 'proper Administration of Justice']
['criminal Procedure' 'work Health and Safety'] ['suppression and Non Publication Orders' 'open Justice' 'witness Identity' 'safety of a Witness' 'proper Administration of Justice']

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Procedural Posture

Criminal Proceedings; Application for a Non Publication Order Under the Court Suppression and Non Publication Orders Act 2010 (nsw) / Notice of Motion Filed on 21 July 2023 Heard Before Trial

Legal Issues

  1. 1 ["Whether a non-publication order prohibiting publication of AB's name and information tending to reveal his identity was necessary to protect AB's safety under s 8(1)(c) of the Court Suppression and Non-publication Orders Act 2010 (NSW)." 'Whether a non-publication order was necessary to prevent prejudice to the proper administration of justice under s 8(1)(a) of the Court Suppression and Non-publication Orders Act 2010 (NSW).']

Ratio Decidendi

AB did not establish any ground under s 8 of the Court Suppression and Non-publication Orders Act 2010 (NSW). The evidence showed distress and embarrassment from well-meaning contacts after publication, but no medical or other evidence that those feelings were likely to prejudice AB's safety or amount to a psychological threat to safety. Nor was there evidence that publication of AB's name would prejudice the proper administration of justice, particularly where AB and his partner had declined to discuss the proceedings and no further judgment was expected before trial.

Court Disposition

Notice of Motion dismissed.

Orders

  • ['Dismiss the Notice of Motion filed on 21 July 2023.' 'Order each party to pay his or its own costs of the Notice of Motion.']