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
Legal Issues
- 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.
Full Case Text
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