Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1099

Marsden v Amalgamated Television Services Pty Limited [1999] NSWSC 1099

No evidence was provided that maintaining pseudonym orders was necessary for the administration of justice or warranted by any exception to open justice. Embarrassment or inconvenience for witnesses is not a sufficient ground for suppression orders.

Jurisdiction
Australia
Judgment Date
12 November 1999
Procedural Posture
Civil / Interlocutory Application Regarding Pseudonym Orders
Outcome
Order vacated
Legal Topics
['suppression Orders' 'open Justice' 'use of Pseudonyms' 'witness Anonymity']
['defamation' 'civil Procedure'] ['suppression Orders' 'open Justice' 'use of Pseudonyms' 'witness Anonymity']

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Procedural Posture

Civil / Interlocutory Application Regarding Pseudonym Orders

Legal Issues

  1. 1 ['Whether it is necessary to maintain pseudonym orders for witnesses in a civil defamation case' 'Application of the principle of open justice to the use of pseudonyms in witness identification']

Ratio Decidendi

No evidence was provided that maintaining pseudonym orders was necessary for the administration of justice or warranted by any exception to open justice. Embarrassment or inconvenience for witnesses is not a sufficient ground for suppression orders.

Court Disposition

Order vacated

Orders

  • ['Order made on 20 November 1998 vacated as applied to all D persons; persons previously referred to by pseudonym and number may now be referred to in open Court by name.' 'Costs are reserved.' 'Exhibits to be returned.']