Obeid v The Queen [No 2] [2016] HCA 10

Obeid v The Queen [No 2] [2016] HCA 10

A non-publication order was necessary to prevent prejudice to the proper administration of justice, given the history of similar orders in the lower courts and the risk of undermining the efficacy of those orders if the applicant's identity were published in connection with High Court proceedings.

Parties
Applicant: Edward Moses Obeid; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
04 April 2016
Procedural Posture
Application for Special Leave to Appeal and Non Publication Order / Determination of Non Publication Order Pending Special Leave to Appeal
Outcome
Non-publication order granted until 11 March 2016, with liberty to apply to vary the order.
Legal Topics
Non Publication Orders, Special Leave to Appeal, Administration of Justice
Criminal Procedure Non Publication Orders Special Leave to Appeal Administration of Justice

Case Brief

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 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Edward Moses Obeid

Applicant

The Queen

Respondent

Procedural Posture

Application for Special Leave to Appeal and Non Publication Order / Determination of Non Publication Order Pending Special Leave to Appeal

Legal Issues

  1. 1 Whether a non-publication order under s 77RE of the Judiciary Act 1903 (Cth) should be made to prevent prejudice to the proper administration of justice in connection with applications relating to criminal proceedings.

Ratio Decidendi

A non-publication order was necessary to prevent prejudice to the proper administration of justice, given the history of similar orders in the lower courts and the risk of undermining the efficacy of those orders if the applicant's identity were published in connection with High Court proceedings.

Court Disposition

Non-publication order granted until 11 March 2016, with liberty to apply to vary the order.

Orders

  • No publication of information tending to reveal the identity of the applicant in relation to the application for special leave to appeal, the application to stay the trial proceedings, and the application for non-publication orders until 11 March 2016.
  • Either party or any person listed in s 77RG(2) of the Judiciary Act has liberty to apply by summons and supporting affidavit on or before 11 March 2016 for a variation of the order.