TG v MM [2024] NSWSC 730

TG v MM [2024] NSWSC 730

The Court may make a suppression order under s 7 of the Act if it is necessary to prevent prejudice to the proper administration of justice or protect the safety of any person. In this case, both grounds were established: the plaintiff might not proceed without suppression, and there is a reasonable prospect that publication might harm the plaintiff, especially given past violence and mental health concerns. Accordingly, a suppression order protects the plaintiff's identity with minimal detriment to open justice.

Parties
Plaintiff: TG; Defendant: MM
Jurisdiction
Australia
Judgment Date
13 June 2024
Procedural Posture
Civil / Interlocutory Application for Suppression Order
Outcome
Suppression order granted
Legal Topics
Suppression Orders, Open Justice, Personal Safety, Confidentiality, Personal Injury

Case Brief

Summary, issues, holding and outcome

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Parties

TG

Plaintiff

MM

Defendant

Procedural Posture

Civil / Interlocutory Application for Suppression Order

  1. 1 Whether the identity of the plaintiff should be suppressed to prevent prejudice to the administration of justice and to protect the plaintiff's safety

Ratio Decidendi

The Court may make a suppression order under s 7 of the Act if it is necessary to prevent prejudice to the proper administration of justice or protect the safety of any person. In this case, both grounds were established: the plaintiff might not proceed without suppression, and there is a reasonable prospect that publication might harm the plaintiff, especially given past violence and mental health concerns. Accordingly, a suppression order protects the plaintiff's identity with minimal detriment to open justice.

Court Disposition

Suppression order granted

Orders

  • The name and identity of the plaintiff to be suppressed until 12 June 2044, except as necessary for the proceedings, to prevent prejudice to justice and to protect the plaintiff's safety.
  • Order 1 applies throughout the Commonwealth of Australia.