Jane Doe v Fairfax Media Publications Pty Limited & Anor [2018] NSWSC 1996

Jane Doe v Fairfax Media Publications Pty Limited & Anor [2018] NSWSC 1996

Section 578A of the Crimes Act 1900 (NSW) does not confer a private right to sue for breach of statutory duty; the only remedy intended by Parliament for breach is the imposition of a criminal sanction. Accordingly, the plaintiff's claim for common law damages fails. Even if a right to sue existed, the articles did not identify the plaintiff as a complainant; at most, they were likely to identify her for a small cohort, which is insufficient given the legislative intent and context. The publication of the handwritten note did not constitute a breach of confidence as it had lost confidentiality by being adduced in open court proceedings and adequately redacted. No breach of suppression...

Jurisdiction
Australia
Judgment Date
21 December 2018
Procedural Posture
Civil / Judgment After Full Hearing
Outcome
Verdict for the defendants. Plaintiff to pay defendants' costs.
Legal Topics
['breach of Statutory Duty' 'breach of Confidence' 'suppression/non Publication Orders' 'damages' 'identification of Complainants in Sexual Offence Proceedings' 'open Justice' "meaning of 'likely' in Statutes"]
['statutory Interpretation' 'equity' 'media Law'] ['breach of Statutory Duty' 'breach of Confidence' 'suppression/non Publication Orders' 'damages' 'identification of Complainants in Sexual Offence Proceedings' 'open Justice' "meaning of 'likely' in Statutes"]

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Procedural Posture

Civil / Judgment After Full Hearing

Legal Issues

  1. 1 ['Whether s 578A of the Crimes Act 1900 (NSW) confers a private right to sue for breach of statutory duty regarding publication of identifying material about complainants' 'Whether publication of articles identified or was likely to lead to the identification of the plaintiff as a complainant in prescribed sexual offence proceedings' "Whether publication of the plaintiff's note constituted a breach of confidence" 'Whether the defendants breached suppression (non-publication) orders']

Ratio Decidendi

Section 578A of the Crimes Act 1900 (NSW) does not confer a private right to sue for breach of statutory duty; the only remedy intended by Parliament for breach is the imposition of a criminal sanction. Accordingly, the plaintiff's claim for common law damages fails. Even if a right to sue existed, the articles did not identify the plaintiff as a complainant; at most, they were likely to identify her for a small cohort, which is insufficient given the legislative intent and context. The publication of the handwritten note did not constitute a breach of confidence as it had lost confidentiality by being adduced in open court proceedings and adequately redacted. No breach of suppression...

Court Disposition

Verdict for the defendants. Plaintiff to pay defendants' costs.

Orders

  • ['Verdict for the defendants.' "The plaintiff is to pay the defendants' costs."]