SG v NSW Crime Commission [2015] NSWSC 881

SG v NSW Crime Commission [2015] NSWSC 881

Suppression and non-publication orders are necessary to protect the plaintiff's safety, and should operate for the plaintiff's lifetime, given the ongoing risk arising from his work as a police informer. The orders should be limited to what is necessary and include assignment of a pseudonym to the plaintiff.

Parties
Plaintiff: SG; First Defendant: New South Wales Crime Commission; Second Defendant: State of New South Wales
Jurisdiction
Australia
Judgment Date
02 July 2015
Procedural Posture
Practice and Procedure Suppression and Non Publication Orders / Application for Interim Orders
Outcome
Suppression, non-publication, and pseudonym orders made for duration of plaintiff's life or until further order.
Legal Topics
Suppression Orders, Non Publication Orders, Pseudonym Order, Protection of Safety
Procedure Suppression Orders Non Publication Orders Pseudonym Order Protection of Safety

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Parties

SG

Plaintiff

New South Wales Crime Commission

First Defendant

State of New South Wales

Second Defendant

Procedural Posture

Practice and Procedure Suppression and Non Publication Orders / Application for Interim Orders

Legal Issues

  1. 1 Whether suppression and non-publication orders should be made to protect the plaintiff's safety
  2. 2 Whether a pseudonym order should be made granting the plaintiff anonymity
  3. 3 Duration and specification of suppression/non-publication orders

Ratio Decidendi

Suppression and non-publication orders are necessary to protect the plaintiff's safety, and should operate for the plaintiff's lifetime, given the ongoing risk arising from his work as a police informer. The orders should be limited to what is necessary and include assignment of a pseudonym to the plaintiff.

Court Disposition

Suppression, non-publication, and pseudonym orders made for duration of plaintiff's life or until further order.

Orders

  • Order that publication or disclosure of the plaintiff's name or any identifying details, certain documents, and affidavits is prohibited pursuant to ss 7 and 8(1)(c) of the Court Suppression and Non-Publication Orders Act 2010 (NSW) on the ground of safety.
  • Order that the plaintiff be assigned the litigation pseudonym 'SG'.