BSM1 v Trustees of the Vincentian Fathers [2020] NSWSC 1439

Source-derived case information.

Jurisdiction: Australia
Judgment Date: 19 October 2020
Procedural Posture: Civil / Interlocutory Application (notice of Motion)
Outcome: Application dismissed
Legal Topics: ['suppression Orders' 'non Publication Orders' 'open Justice' 'court Suppression and Non Publication Orders Act 2010' 'protection of Witness Identity']

['civil Procedure'] ['suppression Orders' 'non Publication Orders' 'open Justice' 'court Suppression and Non Publication Orders Act 2010' 'protection of Witness Identity']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Civil / Interlocutory Application (notice of Motion)

Legal Issues

1 ["Whether providing a statement during a police investigation makes an individual a 'witness' under s 8(1)(d) of the Court Suppression and Non-publication Orders Act 2010" 'Whether a non-publication order is necessary to protect psychological safety under s 8(1)(c) of the Act']

Ratio Decidendi

The Commissioner of Police did not provide sufficient evidence to establish that a non-publication order concerning the identities of two individuals mentioned in subpoenaed documents was 'necessary' under s 8(1)(c) or (d) of the Court Suppression and Non-publication Orders Act 2010; in the absence of specific evidence of psychological harm or the status of the individuals as 'witnesses in criminal proceedings,' the high bar for restricting open justice was not met.

Court Disposition

Application dismissed

Orders

['Notice of Motion filed on 11 June 2020 by the Commissioner of Police is dismissed.']

About this LexChat collection

Publisher and coverage

LexChat is published by Esheria. Coverage reflects the case law currently mapped from identified source collections; it may be incomplete, delayed, or later corrected. The official source controls where it differs from this research page.

AI and research method

Source-derived facts are shown separately from AI-generated material. If an AI summary is available, it is explicitly labelled and remains a non-authoritative research aid.

Corrections and reporting

Report a source mismatch, factual issue, personal-data concern, or licensing question to support@esheria.co.ke. Include this page's URL and the supporting official source so the record can be reviewed, corrected, restricted, or withdrawn.

Legal-information disclaimer

LexChat provides legal information and research tools, not legal advice. Verify currency, status, citations, and jurisdiction with authoritative sources and a qualified professional where appropriate.