John Smith (a pseudonym) & Jane Smith (a pseudonym) v State of New South Wales & Ors [2024] NSWSC 507

John Smith (a pseudonym) & Jane Smith (a pseudonym) v State of New South Wales & Ors [2024] NSWSC 507

On the evidence, including fears for safety and a supporting medical report, the risk of prejudice to the plaintiffs' safety absent the orders would be well above an acceptable level, and so it is necessary to make non-publication and pseudonym orders under the Act.

Parties
Plaintiff: John Smith (a pseudonym); Plaintiff: Jane Smith (a pseudonym); First Defendant: State of New South Wales
Jurisdiction
Australia
Judgment Date
01 May 2024
Procedural Posture
Civil / Ex Parte Interlocutory Application for Non Publication Orders Prior to Commencement of Proceedings
Outcome
Non-publication and pseudonym orders granted as set out in the judgment. Costs of the motion reserved. Liberty to apply on three days' notice.
Legal Topics
Non Publication Orders, Suppression Orders, Identity of Parties, Protection of Safety, Use of Pseudonyms
Civil Procedure Non Publication Orders Suppression Orders Identity of Parties Protection of Safety Use of Pseudonyms

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Parties

John Smith (a pseudonym)

Plaintiff

Jane Smith (a pseudonym)

Plaintiff

State of New South Wales

First Defendant

Procedural Posture

Civil / Ex Parte Interlocutory Application for Non Publication Orders Prior to Commencement of Proceedings

Legal Issues

  1. 1 Whether plaintiffs should be permitted to commence and continue proceedings under pseudonyms and with non-publication of identities to protect their safety

Ratio Decidendi

On the evidence, including fears for safety and a supporting medical report, the risk of prejudice to the plaintiffs' safety absent the orders would be well above an acceptable level, and so it is necessary to make non-publication and pseudonym orders under the Act.

Court Disposition

Non-publication and pseudonym orders granted as set out in the judgment. Costs of the motion reserved. Liberty to apply on three days' notice.

Orders

  • Leave granted for first applicant to commence and continue proceedings using the pseudonym 'John Smith'.
  • Leave granted for second applicant to commence and continue proceedings using the pseudonym 'Jane Smith'.