Smolin v Dailymail.com Australia Pty Ltd (No.2) [2024] NSWDC 444

Smolin v Dailymail.com Australia Pty Ltd (No.2) [2024] NSWDC 444

The interim suppression order should be extended and certain orders stayed temporarily to allow the plaintiff time to consider an appeal, as this is a realistic and reasonable accommodation and does not unduly prejudice the respondents. Orders for redaction and costs are also appropriate, with costs reserved.

Parties
Plaintiff: Anton Smolin; Defendant: Dailymail.com Australia Pty Ltd; Defendant: Tita Smith
Jurisdiction
Australia
Judgment Date
19 September 2024
Procedural Posture
Civil / Procedural Application Regarding Suppression, Stay, and Costs Orders
Outcome
Interim suppression/non-publication order extended, stay of certain prior orders and costs, redaction granted, costs reserved
Legal Topics
Suppression Order, Stay of Proceedings, Redaction, Indemnity Costs
Torts Defamation Civil Procedure Suppression Order Stay of Proceedings Redaction Indemnity Costs

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Parties

Anton Smolin

Plaintiff

Dailymail.com Australia Pty Ltd

Defendant

Tita Smith

Defendant

Procedural Posture

Civil / Procedural Application Regarding Suppression, Stay, and Costs Orders

Legal Issues

  1. 1 Whether to extend the interim suppression order under s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW)
  2. 2 Whether to stay previous orders including costs
  3. 3 Whether to redact specified paragraphs of an earlier judgment

Ratio Decidendi

The interim suppression order should be extended and certain orders stayed temporarily to allow the plaintiff time to consider an appeal, as this is a realistic and reasonable accommodation and does not unduly prejudice the respondents. Orders for redaction and costs are also appropriate, with costs reserved.

Court Disposition

Interim suppression/non-publication order extended, stay of certain prior orders and costs, redaction granted, costs reserved

Orders

  • Extension of interim order from 13 September 2024 to 23 September 2024 at 5:00pm under s 7, prohibiting publication of Exhibit B contents, effective throughout Australia
  • Orders 1 and 3-6 of Smolin v Dailymail.com Australia Pty Ltd [2024] NSWDC 433 stayed until 23 September 2024 at 5:00 pm