Kenny v Trip A Deal Pty Ltd [2021] NSWCATCD 60

Kenny v Trip A Deal Pty Ltd [2021] NSWCATCD 60

Permission to publish or transmit the sound recording or documents was refused because (a) no specific documents were identified to warrant release from the implied undertaking; (b) documents received in evidence are not subject to restriction and do not require permission; (c) statutory prohibitions under the Court Security Act apply to sound recordings except where express permission is granted, and in this case, the applicants did not satisfy the burden to justify exception. The principle of open justice does not mandate release for the stated purposes, and there is risk of misuse and harm to the respondent.

Jurisdiction
Australia
Judgment Date
01 September 2021
Procedural Posture
Consequential Orders / Miscellaneous Application / Decision on Application for Permission to Publish or Transmit Sound Recording and Documents
Outcome
Application for permission to publish or transmit a sound recording or documents filed in the proceedings is dismissed.
Legal Topics
['permission to Publish or Transmit Sound Recordings of Proceedings' 'access and Use of Documents Filed in Proceedings' 'implied Undertaking' 'open Justice' 'publication of Court/tribunal Material']
['practice and Procedure' 'tribunal Procedure'] ['permission to Publish or Transmit Sound Recordings of Proceedings' 'access and Use of Documents Filed in Proceedings' 'implied Undertaking' 'open Justice' 'publication of Court/tribunal Material']

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Procedural Posture

Consequential Orders / Miscellaneous Application / Decision on Application for Permission to Publish or Transmit Sound Recording and Documents

Legal Issues

  1. 1 ['Whether permission should be granted to publish or transmit the sound recording of Tribunal proceedings' 'Whether permission should be granted to publish documents filed in Tribunal proceedings']

Ratio Decidendi

Permission to publish or transmit the sound recording or documents was refused because (a) no specific documents were identified to warrant release from the implied undertaking; (b) documents received in evidence are not subject to restriction and do not require permission; (c) statutory prohibitions under the Court Security Act apply to sound recordings except where express permission is granted, and in this case, the applicants did not satisfy the burden to justify exception. The principle of open justice does not mandate release for the stated purposes, and there is risk of misuse and harm to the respondent.

Court Disposition

Application for permission to publish or transmit a sound recording or documents filed in the proceedings is dismissed.

Orders

  • ['The application for permission to publish or transmit a sound recording proceedings before the Tribunal or documents filed in the proceedings is dismissed.']