Miller v Overseas Newspaper (No 2) [2018] NSWSC 113

The intervening arrest and widespread reporting of the subject allegations removed the premise for the original non-publication and injunction orders, making it inappropriate for them to continue.

Jurisdiction: Australia
Judgment Date: 02 February 2018
Procedural Posture: Civil / Interlocutory/ Procedural Ruling
Outcome: Orders revoked and proceedings stood over for plaintiff to be heard.
Legal Topics: ['interim Injunctions' 'non Publication Orders' 'revocation of Orders']

['defamation'] ['interim Injunctions' 'non Publication Orders' 'revocation of Orders']

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Procedural Posture

Civil / Interlocutory/ Procedural Ruling

Legal Issues

1 ['Whether the interim injunctions and non-publication orders should be revoked given the changed circumstances' 'Whether the proceedings should be stood over to allow the plaintiff to be heard as to their future']

Ratio Decidendi

The intervening arrest and widespread reporting of the subject allegations removed the premise for the original non-publication and injunction orders, making it inappropriate for them to continue.

Court Disposition

Orders revoked and proceedings stood over for plaintiff to be heard.

Orders

['Orders 1, 2, 3 and 4 made on 19 September 2017 revoked' 'Proceedings stood over to 2 March 2018 to afford the plaintiff an opportunity to be heard as to the future of the proceedings']