Attorney-General for NSW v. Nationwide News Pty. Limited & Anor. [2007] NSWCCA 307

Attorney-General for NSW v. Nationwide News Pty. Limited & Anor. [2007] NSWCCA 307

The appeal failed because evidence and material made available in judicial proceedings may be suppressed only where non-publication is necessary for the administration of justice. Confidentiality of police methods was not an established or closely analogous exception to the open justice principle, and the Attorney-General did not show that publication of material about the undercover technique would cause a substantial detriment or risk to the administration of justice that would be significantly alleviated by suppression, especially where the technique had already received substantial publicity and would necessarily be disclosed in cases where it was used successfully.

Jurisdiction
Australia
Judgment Date
05 November 2007
Procedural Posture
Criminal Appeal Concerning Suppression and Non Publication Orders Sought in a Murder Trial / Appeal From Orders of Fullerton J in the Supreme Court; Appeal Dismissed
Outcome
Appeal dismissed.
Legal Topics
['public Interest Immunity' 'open Justice Principle' 'suppression Orders' 'non Publication Orders' 'undercover Police Methods' 'administration of Justice']
['criminal Law' 'practice and Procedure' 'evidence'] ['public Interest Immunity' 'open Justice Principle' 'suppression Orders' 'non Publication Orders' 'undercover Police Methods' 'administration of Justice']

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Procedural Posture

Criminal Appeal Concerning Suppression and Non Publication Orders Sought in a Murder Trial / Appeal From Orders of Fullerton J in the Supreme Court; Appeal Dismissed

Legal Issues

  1. 1 ['Whether public interest immunity applies to evidence given in court so that the court simply balances competing aspects of the public interest.' 'Whether exceptions to the open justice principle are limited to well-established categories or include a general exception where non-disclosure is necessary for the administration of justice.' 'Whether confidentiality of police methods falls within or is closely analogous to an established exception to the open justice principle.' 'Whether suppression of the evidence concerning the undercover technique was necessary for the administration of justice.']

Ratio Decidendi

The appeal failed because evidence and material made available in judicial proceedings may be suppressed only where non-publication is necessary for the administration of justice. Confidentiality of police methods was not an established or closely analogous exception to the open justice principle, and the Attorney-General did not show that publication of material about the undercover technique would cause a substantial detriment or risk to the administration of justice that would be significantly alleviated by suppression, especially where the technique had already received substantial publicity and would necessarily be disclosed in cases where it was used successfully.

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.' 'Confidential affidavits read below to be placed in a sealed envelope and not to be accessed without the order of a Supreme Court judge.' 'Order that the judgment of Fullerton J and this judgment not be published for a period of six months from today.' 'Leave to the parties to make submissions...