Antoun v Russo [2018] NSWSC 1658

Antoun v Russo [2018] NSWSC 1658

A non-publication order was necessary because publication of Mr Antoun's in-court allegations of criminal or improper conduct, which were similar to matters in pending defamation proceedings, could frustrate the vindication sought in those proceedings and thereby prejudice the proper administration of justice; in the circumstances, that interest outweighed the public interest in open justice.

Jurisdiction
Australia
Judgment Date
31 October 2018
Procedural Posture
Civil Procedure; Non Publication Order Application / Application Made at the Conclusion of the Hearing of the Defendants' Notices of Motion for Dismissal of the Proceedings or Strike Out of the Pleadings
Outcome
Non-publication order made until further order, with liberty to apply for variation.
Legal Topics
['non Publication Orders' 'open Justice' 'proper Administration of Justice' 'interlocutory Applications' 'allegations of Criminal or Improper Conduct']
['civil Procedure' 'defamation'] ['non Publication Orders' 'open Justice' 'proper Administration of Justice' 'interlocutory Applications' 'allegations of Criminal or Improper Conduct']

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Procedural Posture

Civil Procedure; Non Publication Order Application / Application Made at the Conclusion of the Hearing of the Defendants' Notices of Motion for Dismissal of the Proceedings or Strike Out of the Pleadings

Legal Issues

  1. 1 ['Whether a non-publication order should be made in respect of statements made by the plaintiff in court alleging criminal or improper conduct by the defendants.' 'Whether publication of those statements would prejudice the proper administration of justice having regard to pending defamation proceedings concerning similar statements.']

Ratio Decidendi

A non-publication order was necessary because publication of Mr Antoun's in-court allegations of criminal or improper conduct, which were similar to matters in pending defamation proceedings, could frustrate the vindication sought in those proceedings and thereby prejudice the proper administration of justice; in the circumstances, that interest outweighed the public interest in open justice.

Court Disposition

Non-publication order made until further order, with liberty to apply for variation.

Orders

  • ['An order pursuant to ss 8(1)(a) and 8(1)(e) of the Court Suppression and Non‑publication Orders Act 2010 (NSW) prohibiting the publication of any statements made by Mr Antoun in Court before me on 31 October 2018 in which he has made allegations of criminal or improper conduct against any of the defendants.'...