Diaz v Health Secretary in respect of NSW Health Pathology (No 2) [2022] NSWIRComm 1006
Mr Diaz has not demonstrated exceptional circumstances nor shown that the orders sought are necessary in the interests of justice; granting the application would be inconsistent with the principle of open justice.
- Jurisdiction
- Australia
- Judgment Date
- 23 February 2022
- Procedural Posture
- Employment Unfair Dismissal / Procedural Motion (non Disclosure Order)
- Outcome
- Motion dismissed
- Legal Topics
- ['termination' 'statutory Rights' 'unfair Dismissal' 'non Publication Orders' 'open Justice']
Case Brief
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Procedural Posture
Employment Unfair Dismissal / Procedural Motion (non Disclosure Order)
Legal Issues
- 1 ["Whether the applicant's circumstances warrant a departure from the principle of open justice by granting non-disclosure orders"]
Ratio Decidendi
Mr Diaz has not demonstrated exceptional circumstances nor shown that the orders sought are necessary in the interests of justice; granting the application would be inconsistent with the principle of open justice.
Court Disposition
Motion dismissed
Orders
- ['The notice of motion brought by Mr Diaz seeking non-disclosure orders pursuant to s 164A of the Industrial Relations Act 1996 is dismissed.']
Full Case Text
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