PSYCHOLOGISTS BOARD V GEARY HC WN CIV-2013-485-000759

PSYCHOLOGISTS BOARD V GEARY HC WN CIV-2013-485-000759

The High Court will, under its inherent jurisdiction, grant an interim injunction to restrain publication and distribution of the annotated psychiatrist's report because the report is covered by the Tribunal's suppression orders, disclosure would likely amount to a breach of confidence and would undermine the Tribunal's authority, and the balance of convenience and overall justice favour injunctive relief.

Citation
openlaw-a7a161f8_23db_4c10_b100_574808f4e5c1.pdf
Parties
Applicant/plaintiff: Psychologists Board; Respondent/defendant: Ian Russell Geary
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 May 2013
Procedural Posture
Application for Interim Injunction to Enforce Tribunal Suppression Order / Interim Injunction Hearing (oral Judgment)
Outcome
Interim injunction granted; suppression of identifying information ordered; court file sealed; costs reserved
Legal Topics
Injunctions, Suppression Orders, Breach of Confidence, Tribunal Enforcement, High Court Inherent Jurisdiction, Sealing Court File
Administrative Law Civil Remedies Health Law Privacy/confidentiality Contempt Injunctions Suppression Orders Breach of Confidence +3 more

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Parties

Psychologists Board

Applicant/plaintiff

Ian Russell Geary

Respondent/defendant

Procedural Posture

Application for Interim Injunction to Enforce Tribunal Suppression Order / Interim Injunction Hearing (oral Judgment)

Legal Issues

  1. 1 Whether a psychiatrist's report falls within the Tribunal's suppression orders
  2. 2 Whether the High Court has jurisdiction to grant an injunction to enforce Tribunal suppression orders
  3. 3 Whether the applicant has raised a serious question to be tried

Ratio Decidendi

The High Court will, under its inherent jurisdiction, grant an interim injunction to restrain publication and distribution of the annotated psychiatrist's report because the report is covered by the Tribunal's suppression orders, disclosure would likely amount to a breach of confidence and would undermine the Tribunal's authority, and the balance of convenience and overall justice favour injunctive relief.

Court Disposition

Interim injunction granted; suppression of identifying information ordered; court file sealed; costs reserved

Orders

  • Prohibited until further order from copying, distributing or otherwise publishing a report on Ms A prepared by Dr Anne MacVicar dated 16 June 2003 or a copy of her report containing Ms A's handwritten comments or from otherwise acting in breach of suppression orders made by the Health Practitioners Disciplinary...
  • Suppression of publication of the names of Ms A and any details that might identify her including the name of her former husband