Z -v- University of A, Dr D & B (No. 4) [2002] NSWADT 14

Z -v- University of A, Dr D & B (No. 4) [2002] NSWADT 14

Balancing open justice against the competing considerations, including documented support for aspects of the Respondents' concerns about reputational harm from serious and untested allegations, the Tribunal was satisfied that it was desirable to continue the existing suppression order with variations enabling disclosures necessary to prepare the Applicant's case. It was also satisfied that the Applicant's identity should be protected. The Reserve Bank of Australia summons was set aside because the Tribunal was not satisfied the documents had relevance to the issues before it, while the Chung Soy Sun summons was to be issued because the document sought may have some relevance.

Jurisdiction
Australia
Judgment Date
08 February 2002
Procedural Posture
Application for Orders Prohibiting or Restricting Publication or Identification and for Determination of Summons Issues / Preliminary Matter
Outcome
Existing suppression order continued with variations; Applicant's identity suppression order granted; Reserve Bank of Australia summons set aside; Chung Soy Sun summons ordered to be issued.
Legal Topics
['suppression Orders' 'open Justice' 'identification of Parties and Other Persons' 'summonses to Produce Documents' 'relevance']
['administrative Law' 'anti Discrimination' 'civil Procedure'] ['suppression Orders' 'open Justice' 'identification of Parties and Other Persons' 'summonses to Produce Documents' 'relevance']

Case Brief

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Procedural Posture

Application for Orders Prohibiting or Restricting Publication or Identification and for Determination of Summons Issues / Preliminary Matter

Legal Issues

  1. 1 ['Whether the suppression order made on 20 July 2001 should be revoked, continued or varied under s 75(2B) of the Administrative Decisions Tribunal Act 1997.' 'Whether an order should be made under s 75(2)(b) of the Administrative Decisions Tribunal Act 1997 prohibiting disclosure of material identifying the Applicant or leading to his identification.' 'Whether the summons addressed to the Reserve Bank of Australia sought documents relevant to the issues before the Tribunal.' 'Whether the summons addressed to Chung Soy Sun, C/- The University of NSW, should be issued by the Registrar of the Tribunal.']

Ratio Decidendi

Balancing open justice against the competing considerations, including documented support for aspects of the Respondents' concerns about reputational harm from serious and untested allegations, the Tribunal was satisfied that it was desirable to continue the existing suppression order with variations enabling disclosures necessary to prepare the Applicant's case. It was also satisfied that the Applicant's identity should be protected. The Reserve Bank of Australia summons was set aside because the Tribunal was not satisfied the documents had relevance to the issues before it, while the Chung Soy Sun summons was to be issued because the document sought may have some relevance.

Court Disposition

Existing suppression order continued with variations; Applicant's identity suppression order granted; Reserve Bank of Australia summons set aside; Chung Soy Sun summons ordered to be issued.

Orders

  • ["Pursuant to s 75 (2B) of the Tribunal Act, the Tribunal's suppression order of 20 July 2001 was continued subject to variations in Orders 2-4." "The parties, persons proposed to be joined, their legal representatives or other advisors are at liberty to disclose identities of persons referred to in Order 1 for...