In the matter of Dymocks Book Arcade Pty Limited (No 2) [2013] NSWSC 300

In the matter of Dymocks Book Arcade Pty Limited (No 2) [2013] NSWSC 300

There is no sustainable basis for an order suppressing publication of the judgment, as privilege has been waived, proceedings were held in open court, and in a judge-alone trial, there is no likelihood of prejudice to the trial judge.

Jurisdiction
Australia
Judgment Date
08 February 2013
Procedural Posture
Separate Question / Application for Suppression Order
Outcome
Application for suppression order refused
Legal Topics
['privilege Waiver' 'suppression Publication of Privileged Material' 'open Court Proceedings']
['suppression Orders' 'corporations Law'] ['privilege Waiver' 'suppression Publication of Privileged Material' 'open Court Proceedings']

Case Brief

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Procedural Posture

Separate Question / Application for Suppression Order

Legal Issues

  1. 1 ['Whether privileged material in evidence grounds a suppression order' 'Whether publication of reasons would prejudice the mind of the trial judge' 'Whether matters cross-examined in open court will ground a suppression order']

Ratio Decidendi

There is no sustainable basis for an order suppressing publication of the judgment, as privilege has been waived, proceedings were held in open court, and in a judge-alone trial, there is no likelihood of prejudice to the trial judge.

Court Disposition

Application for suppression order refused

Orders

  • ["Second defendant to pay plaintiff's costs of today's appearance"]