Harry Day v John Smidmore and others (No. 2) [2005] NSWIRComm 406

Harry Day v John Smidmore and others (No. 2) [2005] NSWIRComm 406

In the exceptional circumstances of this case, given the distress caused by publication of sensitive material, the wide discretion in s 164A(2) of the Industrial Relations Act 1996, the lack of opposition by the appellant, and the protection of persons' privacy, it is desirable to make non-disclosure orders, amend the judgment to substitute pseudonyms and remove sensitive material, restrict access to the Commission's file, and prohibit publication of the original judgment to the extent it differs from the amended judgment.

Jurisdiction
Australia
Judgment Date
08 November 2005
Procedural Posture
Appeal and Notice of Motion for Non Disclosure Orders / Post Appeal Application for Non Disclosure Orders
Outcome
Application for non-disclosure orders granted.
Legal Topics
['non Disclosure Orders' 'open Justice' 'suppression Orders' 'unfair Contract' 'abuse of Process' 'slip Rule']
['industrial Relations' 'practice and Procedure'] ['non Disclosure Orders' 'open Justice' 'suppression Orders' 'unfair Contract' 'abuse of Process' 'slip Rule']

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Procedural Posture

Appeal and Notice of Motion for Non Disclosure Orders / Post Appeal Application for Non Disclosure Orders

Legal Issues

  1. 1 ['Whether the Court should make non-disclosure orders under s 164A of the Industrial Relations Act 1996.' 'Whether amendments to reasons for judgment can be made under the slip rule.' 'Balance between open justice and protection of confidential/sensitive material.']

Ratio Decidendi

In the exceptional circumstances of this case, given the distress caused by publication of sensitive material, the wide discretion in s 164A(2) of the Industrial Relations Act 1996, the lack of opposition by the appellant, and the protection of persons' privacy, it is desirable to make non-disclosure orders, amend the judgment to substitute pseudonyms and remove sensitive material, restrict access to the Commission's file, and prohibit publication of the original judgment to the extent it differs from the amended judgment.

Court Disposition

Application for non-disclosure orders granted.

Orders

  • ['The respondents shall file and serve draft minutes of order reflecting this decision within 72 hours of its publication.' "Unless there is any issue raised by the appellant as to the form and content of the draft orders, such issue to be notified to the President's Associate, the orders shall be made by the Full...