Ashton v Pratt [2011] NSWSC 1092

Ashton v Pratt [2011] NSWSC 1092

The application for suppression and to conduct proceedings in the absence of the public was dismissed because the statutory and common law tests for secrecy and suppression were not met; the allegations about the applicant deemed irrelevant and scandalous could be struck from evidence, and open justice would not practically defeat the ends of justice nor harm those involved.

Parties
Applicant: Shari-Lea Hitchcock; Plaintiff: Madison Ashton; Defendant: Jeanne Pratt
Jurisdiction
Australia
Judgment Date
12 September 2011
Procedural Posture
Notice of Motion / Interlocutory Application
Outcome
Application dismissed
Legal Topics
Suppression Orders, Open Justice, Non Publication Orders
Civil Procedure Equity Suppression Orders Open Justice Non Publication Orders

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Parties

Shari-Lea Hitchcock

Applicant

Madison Ashton

Plaintiff

Jeanne Pratt

Defendant

Procedural Posture

Notice of Motion / Interlocutory Application

Legal Issues

  1. 1 Whether proceedings should be conducted in private under Civil Procedure Act 2005 s 71(b) and s 71(1)(f)
  2. 2 Whether suppression or non-publication orders should be made under Court Suppression and Non-publication Orders Act 2010 s 8

Ratio Decidendi

The application for suppression and to conduct proceedings in the absence of the public was dismissed because the statutory and common law tests for secrecy and suppression were not met; the allegations about the applicant deemed irrelevant and scandalous could be struck from evidence, and open justice would not practically defeat the ends of justice nor harm those involved.

Court Disposition

Application dismissed