Attorney-General for NSW v Nationwide News Pty Limited (No 3) [2008] NSWCCA 286

Attorney-General for NSW v Nationwide News Pty Limited (No 3) [2008] NSWCCA 286

The sufficient public interest in preventing publication of the omitted material, including material said to have been disclosed openly because the judgment gave greater detail and context, justified extending the existing non-publication regime for a further two years rather than making it permanent.

Jurisdiction
Australia
Judgment Date
02 December 2008
Procedural Posture
Criminal Appeal; Application Concerning Non Publication Orders / Application by the Attorney General for NSW for Continuation of Non Publication Orders After Principal Judgment
Outcome
Non-publication orders extended until 31 October 2010, or until resolution of any application made by that date for further extension; confidential affidavit to be sealed; no order as to costs agreed.
Legal Topics
['public Interest Immunity' 'open Justice' 'non Publication Orders' 'confidential Affidavits']
['criminal Law' 'practice and Procedure'] ['public Interest Immunity' 'open Justice' 'non Publication Orders' 'confidential Affidavits']

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Procedural Posture

Criminal Appeal; Application Concerning Non Publication Orders / Application by the Attorney General for NSW for Continuation of Non Publication Orders After Principal Judgment

Legal Issues

  1. 1 ["Whether non-publication orders over omitted passages in the Court's principal judgment and the judgment below should be continued permanently or extended." 'Whether publication of material derived from confidential affidavits read on the non-publication application would be against the public interest.' 'How the open justice principle applies to confidential information provided for the purpose of determining claims of public interest immunity.']

Ratio Decidendi

The sufficient public interest in preventing publication of the omitted material, including material said to have been disclosed openly because the judgment gave greater detail and context, justified extending the existing non-publication regime for a further two years rather than making it permanent.

Court Disposition

Non-publication orders extended until 31 October 2010, or until resolution of any application made by that date for further extension; confidential affidavit to be sealed; no order as to costs agreed.

Orders

  • ['There shall be no publication of specified portions of the judgment of this Court in Attorney-General for NSW v Nationwide News Ply Limited & Anor [2007] NSWCCA 307: the 21st to 102nd words inclusive of paragraph 11; the 16th to 38th and 64th to 102nd words inclusive of paragraph 12; the 27th to 38th words...