ABC v Slowiaczek [2021] NSWSC 330

ABC v Slowiaczek [2021] NSWSC 330

On the affidavit evidence of the plaintiff's mental health history, psychiatric diagnosis, fear of threats and retribution, and prior threatening communications, the calculus of risk test was satisfied and a non-publication order was necessary to protect the safety of the plaintiff. The Court also had power, before the statement of claim was filed, to direct that the plaintiff commence and conduct the proceedings using the pseudonym ABC, and it was appropriate for the application to be made ex parte.

Jurisdiction
Australia
Judgment Date
01 April 2021
Procedural Posture
Procedural Ruling / Ex Parte Notice of Motion for Pseudonym and Non Publication Orders Before Filing of Statement of Claim
Outcome
Orders made permitting the plaintiff to proceed as ABC and restraining publication of the plaintiff's name and identity until further order.
Legal Topics
['identity of Parties' 'non Publication Order' 'pseudonym Orders' 'suppression and Non Publication Orders' 'ex Parte Application']
['civil Procedure'] ['identity of Parties' 'non Publication Order' 'pseudonym Orders' 'suppression and Non Publication Orders' 'ex Parte Application']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Procedural Ruling / Ex Parte Notice of Motion for Pseudonym and Non Publication Orders Before Filing of Statement of Claim

Legal Issues

  1. 1 ['Whether a non-publication order should be made in respect of the name and identity of the plaintiff on the ground that it is necessary to protect the safety of the plaintiff.' 'Whether the plaintiff should be permitted to commence and carry on proceedings using a pseudonym before the statement of claim is filed.' 'Whether the application could appropriately be heard ex parte.']

Ratio Decidendi

On the affidavit evidence of the plaintiff's mental health history, psychiatric diagnosis, fear of threats and retribution, and prior threatening communications, the calculus of risk test was satisfied and a non-publication order was necessary to protect the safety of the plaintiff. The Court also had power, before the statement of claim was filed, to direct that the plaintiff commence and conduct the proceedings using the pseudonym ABC, and it was appropriate for the application to be made ex parte.

Court Disposition

Orders made permitting the plaintiff to proceed as ABC and restraining publication of the plaintiff's name and identity until further order.

Orders

  • ['Affidavit of Ana Grguric dated 1 April 2021, Statement of Claim and Notice of Motion to be filed in Court by 6 April 2021.' 'Order, until further order, that the plaintiff in these proceedings be known as ABC, be described in all pleadings and other documents filed or served in the proceedings as ABC, and except...