X v Y [2000] NSWSC 951

X v Y [2000] NSWSC 951

Given that the first defendant is a participant in a witness protection program and disclosure poses risks to her safety, the interests of justice require the proceedings be held in private and non-publication orders be made under the Court's statutory and inherent powers.

Parties
Plaintiff: X; First Defendant: Mrs Y as Adminstratrix of Estate of Late Mr Y; Second Defendant: Lawhouse Pty Ltd; Third Defendant: Registrar General
Jurisdiction
Australia
Judgment Date
07 August 2000
Procedural Posture
Equity Proceeding / Interlocutory Orders Regarding Hearing in Private and Non Publication
Outcome
Orders made that the proceedings be held in private and subject to non-publication.
Legal Topics
Proceedings in Absence of Public, Witness Protection in Civil Proceedings, Suppression of Publication, Jurisdiction and Discretion of Court
Civil Procedure Equity Proceedings in Absence of Public Witness Protection in Civil Proceedings Suppression of Publication Jurisdiction and Discretion of Court

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Parties

X

Plaintiff

Mrs Y as Adminstratrix of Estate of Late Mr Y

First Defendant

Lawhouse Pty Ltd

Second Defendant

Registrar General

Third Defendant

Procedural Posture

Equity Proceeding / Interlocutory Orders Regarding Hearing in Private and Non Publication

Legal Issues

  1. 1 Whether the proceedings should be held in private due to a party's participation in a witness protection program
  2. 2 Whether non-publication orders should be made regarding the identity of parties, evidence, and the nature of the orders

Ratio Decidendi

Given that the first defendant is a participant in a witness protection program and disclosure poses risks to her safety, the interests of justice require the proceedings be held in private and non-publication orders be made under the Court's statutory and inherent powers.

Court Disposition

Orders made that the proceedings be held in private and subject to non-publication.

Orders

  • Order that these proceedings be held in private.
  • Order that there be no publication of: (a) the fact that a party is a participant in a witness protection program; (b) the names of the parties or associated police officers; (c) the making of this order; (d) the evidence in these proceedings.