Cannon v Griffiths & Ors (No 2) [2015] NSWSC 1329

Cannon v Griffiths & Ors (No 2) [2015] NSWSC 1329

A final suppression order is justified under s 8(1)(e) of the Court Suppression and Non-publication Orders Act 2010 because the public interest in maintaining the confidentiality of the mediation and settlement (as a critical aspect of resolving the proceedings) significantly outweighs the public interest in open justice, with minimal impact on open justice since the essential nature and disposition of the dispute remain public.

Jurisdiction
Australia
Judgment Date
11 September 2015
Procedural Posture
Procedural and Other Rulings / Application for Final Suppression and Non Publication Order
Outcome
Final suppression order made and previous interim order set aside
Legal Topics
['suppression Orders' 'confidentiality in Mediation' 'settlement Agreements' 'open Justice']
['civil Procedure'] ['suppression Orders' 'confidentiality in Mediation' 'settlement Agreements' 'open Justice']

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Procedural Posture

Procedural and Other Rulings / Application for Final Suppression and Non Publication Order

Legal Issues

  1. 1 ['Whether a final suppression order should be made to preserve confidentiality of mediation and settlement agreement under s 10 of Court Suppression and Non-publication Orders Act 2010']

Ratio Decidendi

A final suppression order is justified under s 8(1)(e) of the Court Suppression and Non-publication Orders Act 2010 because the public interest in maintaining the confidentiality of the mediation and settlement (as a critical aspect of resolving the proceedings) significantly outweighs the public interest in open justice, with minimal impact on open justice since the essential nature and disposition of the dispute remain public.

Court Disposition

Final suppression order made and previous interim order set aside

Orders

  • ['All previous orders made under s 10 of the Court Suppression and Non-publication Orders Act 2010 (NSW) are set aside.' 'Specified evidence in the affidavit of John Mark Laxon affirmed 23 July 2015 is to be received confidentially.' 'A suppression order is made prohibiting disclosure by publication or otherwise to...