Gorman v McKnight (No 2) [2021] NSWCA 33

Gorman v McKnight (No 2) [2021] NSWCA 33

No suppression order or express prohibition was in effect; the transcript had entered the public domain, and the publication in the reasons was neither prohibited by legislation nor restricted by any standing order. The delay in seeking relief and absence of any proper basis for the application meant that no action was warranted regarding paragraph 30 of the judgment.

Jurisdiction
Australia
Judgment Date
17 March 2021
Procedural Posture
Civil / Notice of Motion Following Appeal Judgment
Outcome
The appellants' notice of motion dated 15 January 2021 is dismissed.
Legal Topics
['suppression Orders' 'confidentiality of Evidence' 'publication of Court Exhibits']
['civil Procedure'] ['suppression Orders' 'confidentiality of Evidence' 'publication of Court Exhibits']

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Procedural Posture

Civil / Notice of Motion Following Appeal Judgment

Legal Issues

  1. 1 ["Whether the transcript forming part of the court's reasons should be withdrawn or redacted due to alleged suppression/confidentiality and s 40 of the Surveillance Devices Act 2007 (NSW)" 'Whether there was a valid suppression or non-publication order in force covering the transcript' "Whether the publication in the court's judgment was unlawful under s 40 of the Surveillance Devices Act 2007 (NSW)"]

Ratio Decidendi

No suppression order or express prohibition was in effect; the transcript had entered the public domain, and the publication in the reasons was neither prohibited by legislation nor restricted by any standing order. The delay in seeking relief and absence of any proper basis for the application meant that no action was warranted regarding paragraph 30 of the judgment.

Court Disposition

The appellants' notice of motion dated 15 January 2021 is dismissed.

Orders

  • ["The appellants' notice of motion dated 15 January 2021 is dismissed."]