Sims v Mackowiak Mackowiak v Mackowiak [2011] NSWSC 1496

Sims v Mackowiak Mackowiak v Mackowiak [2011] NSWSC 1496

The court ordered certain deletions (street names and personally identifying details) from the published judgment to balance privacy and open justice, but refused deletion of essential factual findings and quantification necessary for appeal and legal reasoning. The indemnity order was clarified to cover the period from the date of the amendment onwards.

Jurisdiction
Australia
Judgment Date
29 November 2011
Procedural Posture
Application for Consequential Orders / Post Judgment Amendment
Outcome
Application for amendments partly granted and partly refused; previous orders clarified.
Legal Topics
['open Justice' 'privacy' 'suppression Orders' 'anonymisation Policies']
['procedure' 'equity'] ['open Justice' 'privacy' 'suppression Orders' 'anonymisation Policies']

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Procedural Posture

Application for Consequential Orders / Post Judgment Amendment

Legal Issues

  1. 1 ['Whether requested deletions to published judgment should be granted' 'Balancing privacy concerns and open justice' 'Clarification and amendment of previous orders']

Ratio Decidendi

The court ordered certain deletions (street names and personally identifying details) from the published judgment to balance privacy and open justice, but refused deletion of essential factual findings and quantification necessary for appeal and legal reasoning. The indemnity order was clarified to cover the period from the date of the amendment onwards.

Court Disposition

Application for amendments partly granted and partly refused; previous orders clarified.

Orders

  • ['Street name deleted from judgment at Culburra Beach property.' 'Street name deleted from judgment at East Kurrajong and Carramar properties.' 'Street name deleted from judgment at Carramar property in paragraph 80.' 'Order clarified: Plaintiff Gemma Diane Sims to indemnify the estate in respect of liability under...