Knight v DS [2016] NSWSC 1516

Knight v DS [2016] NSWSC 1516

The Court made a suppression order to ensure that earlier suppression orders made during a criminal trial were not inadvertently circumvented in these civil proceedings, and referred the unrepresented first defendant for pro bono legal assistance.

Parties
Plaintiff: Liam Lee Knight; First Defendant: DS; Second Defendant: Jimmy Angelo Tupou
Jurisdiction
Australia
Judgment Date
27 October 2016
Procedural Posture
Civil / Procedural Ruling
Outcome
Suppression order and pro bono referral granted
Legal Topics
Court Suppression Order, Pro Bono Referral
Procedure Court Suppression Order Pro Bono Referral

Case Brief

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Parties

Liam Lee Knight

Plaintiff

DS

First Defendant

Jimmy Angelo Tupou

Second Defendant

Procedural Posture

Civil / Procedural Ruling

Legal Issues

  1. 1 Whether a suppression order should be made to protect the defendant's identity in civil proceedings
  2. 2 Whether to refer the unrepresented defendant for pro bono legal assistance

Ratio Decidendi

The Court made a suppression order to ensure that earlier suppression orders made during a criminal trial were not inadvertently circumvented in these civil proceedings, and referred the unrepresented first defendant for pro bono legal assistance.

Court Disposition

Suppression order and pro bono referral granted

Orders

  • Until further order, the first defendant shall be referred to as 'DS' under s 8(1)(a) of the Court Suppression and Non Publication Orders Act 2010 (NSW)
  • First defendant is referred for pro bono legal assistance under the Uniform Civil Procedure Rules 2005 (NSW)