Moseley v AB (No 2) [2017] NSWSC 1812

Moseley v AB (No 2) [2017] NSWSC 1812

The Court held a non-publication order prohibiting the naming of schools was necessary to protect the safety of DD, as publication would, on the evidence, tend to identify AB and thereby create a real risk of harm. As to costs, the Court ordered the Intervenor (ABC) to pay 50% of AB's costs on a party-party basis, considering the role and conduct of the Intervenor, the nature and necessity of the proceedings, and contributions to costs by all parties.

Jurisdiction
Australia
Judgment Date
20 December 2017
Procedural Posture
Interlocutory Motion in Personal Injury Proceedings / Costs and Final Form of Suppression and Non Publication Orders Following Judgment on Further Amended Notice of Motion
Outcome
Orders granted as sought by AB in relation to non-publication including the naming of schools; Intervenor to pay 50% of AB's costs on party-party basis.
Legal Topics
['suppression and Non Publication Orders' 'intervenor Costs' 'open Justice']
['civil Procedure' 'media Law' 'costs'] ['suppression and Non Publication Orders' 'intervenor Costs' 'open Justice']

Case Brief

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Procedural Posture

Interlocutory Motion in Personal Injury Proceedings / Costs and Final Form of Suppression and Non Publication Orders Following Judgment on Further Amended Notice of Motion

Legal Issues

  1. 1 ['Whether a non-publication order should prohibit publication of the names of schools associated with the allegations against AB' 'Whether and to what extent the Intervenor (ABC) should be liable for costs arising from its intervention']

Ratio Decidendi

The Court held a non-publication order prohibiting the naming of schools was necessary to protect the safety of DD, as publication would, on the evidence, tend to identify AB and thereby create a real risk of harm. As to costs, the Court ordered the Intervenor (ABC) to pay 50% of AB's costs on a party-party basis, considering the role and conduct of the Intervenor, the nature and necessity of the proceedings, and contributions to costs by all parties.

Court Disposition

Orders granted as sought by AB in relation to non-publication including the naming of schools; Intervenor to pay 50% of AB's costs on party-party basis.

Orders

  • ['AB to forward to the Associate of the Court short minutes of order reflecting the judgment by 10am, 8 January 2018, with a note as to any objection by Intervenor; if no dispute, orders dealt with administratively; if dispute, Intervenor to propose alternatives by 15 January 2018 and Court will determine in...