Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 376

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 376

A pseudonym order should be granted to protect the identity of a police informer witness (D18), as the interests of justice and public interest in informer protection outweigh open justice considerations, and fears or concerns are not a precondition for such protection.

Jurisdiction
Australia
Judgment Date
08 May 2000
Procedural Posture
Defamation / Hearing of Defendant's Motion for a Pseudonym Order
Outcome
Defendant's application for a pseudonym order granted.
Legal Topics
['pseudonym Orders' 'police Informer Protection' 'open Justice' 'suppression of Witness Identity']
['defamation'] ['pseudonym Orders' 'police Informer Protection' 'open Justice' 'suppression of Witness Identity']

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Procedural Posture

Defamation / Hearing of Defendant's Motion for a Pseudonym Order

Legal Issues

  1. 1 ['Whether a pseudonym order should be granted to protect the identity of a police informer witness']

Ratio Decidendi

A pseudonym order should be granted to protect the identity of a police informer witness (D18), as the interests of justice and public interest in informer protection outweigh open justice considerations, and fears or concerns are not a precondition for such protection.

Court Disposition

Defendant's application for a pseudonym order granted.

Orders

  • ['Witness named in the affidavit of David Charles Price sworn 14 March 2000 to be addressed and referred to in court only by the pseudonym D18.' 'Any matter dealt with in court likely to lead to identification of the witness not to be published or reported.' 'No photographs, film recording, drawings or likeness to...