Rich v Attorney General of New South Wales & Ors 2 [2013] NSWSC 891

Rich v Attorney General of New South Wales & Ors 2 [2013] NSWSC 891

The meaning and intent of s 77(a) of the Coroners Act 2009 are clear: once a party brings a case to the Supreme Court for review, the Court's obligation to conduct its business in public and the public's right to know what happens in court apply. There was no proper basis to perpetuate the effect of s 76(c) of the Coroners Act 2009, and it was not necessary to make the order sought to prevent prejudice to the proper administration of justice.

Jurisdiction
Australia
Judgment Date
04 July 2013
Procedural Posture
Application for Non Publication Order in Supreme Court Proceedings Reviewing a Decision of the State Coroner / Separate Question on Whether a Non Publication Order Should Continue After the Summons Was Dismissed
Outcome
The application is dismissed and the non-publication order made on 19 June 2013 is vacated.
Legal Topics
['non Publication Orders' 'suppression Orders' "review of Coroner's Decision" 'publication of Coronial Objections' 'proper Administration of Justice']
['civil Procedure' 'open Justice' 'coronial Law'] ['non Publication Orders' 'suppression Orders' "review of Coroner's Decision" 'publication of Coronial Objections' 'proper Administration of Justice']

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Procedural Posture

Application for Non Publication Order in Supreme Court Proceedings Reviewing a Decision of the State Coroner / Separate Question on Whether a Non Publication Order Should Continue After the Summons Was Dismissed

Legal Issues

  1. 1 ['Whether the Court should make a non-publication order prohibiting publication of the fact that the plaintiff objected before the State Coroner to giving evidence on the ground that the evidence may tend to prove that he committed an offence.' 'Whether the proposed 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.' 'Whether s 77(a) of the Coroners Act 2009 permits publication of a court judgment containing matter otherwise prohibited by Part 6.4 of that Act.']

Ratio Decidendi

The meaning and intent of s 77(a) of the Coroners Act 2009 are clear: once a party brings a case to the Supreme Court for review, the Court's obligation to conduct its business in public and the public's right to know what happens in court apply. There was no proper basis to perpetuate the effect of s 76(c) of the Coroners Act 2009, and it was not necessary to make the order sought to prevent prejudice to the proper administration of justice.

Court Disposition

The application is dismissed and the non-publication order made on 19 June 2013 is vacated.

Orders

  • ['The application is dismissed.' 'I vacate the non-publication order made on 19 June 2013.']