RYAN V AUCKLAND DISTRICT HEALTH BOARD AND ANOR HC AK CIV 2007-404-006177

RYAN V AUCKLAND DISTRICT HEALTH BOARD AND ANOR HC AK CIV 2007-404-006177

Because the proceedings were discontinued at an early, pre-trial stage and publication would likely cause significant and irreversible harm to the second defendant's professional reputation and patient confidence, those exceptional circumstances outweighed the presumption of open justice and justified a suppression...

Source-derived case information.

Citation
openlaw-d385493f_fbc7_48f2_b6c1_548e0ea93f80.pdf
Parties
Plaintiff: Sandee Ryan; First Defendant: Auckland District Health Board; Second Defendant: XY
Court
High Court
Jurisdiction
New Zealand
Judgment Date
5 December 2008
Procedural Posture
Civil (medical Negligence) / Suppression Application (post Discontinuance)
Outcome
Application granted: name suppression for second defendant; no order as to costs.
Legal Topics
Suppression Orders, Open Justice Principle, Name Suppression, Pre Trial Prejudice, Medical Negligence Allegations, Creutzfeldt–jakob Disease (cjd)
Civil Procedure Privacy/suppression Orders Media Law Health Law Suppression Orders Open Justice Principle Name Suppression Pre Trial Prejudice +2 more

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Parties

Sandee Ryan

Plaintiff

Auckland District Health Board

First Defendant

XY

Second Defendant

Procedural Posture

Civil (medical Negligence) / Suppression Application (post Discontinuance)

Legal Issues

  1. 1 Whether to grant an order suppressing the second defendant's name
  2. 2 How to balance the principle of open justice and freedom of expression against private harm to reputation and patient confidence
  3. 3 Weight to be given to pre-trial status and discontinuance of proceedings

Ratio Decidendi

Because the proceedings were discontinued at an early, pre-trial stage and publication would likely cause significant and irreversible harm to the second defendant's professional reputation and patient confidence, those exceptional circumstances outweighed the presumption of open justice and justified a suppression order; consent of parties did not determine the issue.

Court Disposition

Application granted: name suppression for second defendant; no order as to costs.

Orders

  • Suppression order prohibiting publication of the second defendant's name and details of employment or other particulars identifying the second defendant
  • No order as to costs