COURTS AND JUDGES — Application for suppression order under (NSW) Court Suppression and Non-publication Orders Act 2010 — order applied for under s 8(1)(a) as necessary to prevent prejudice to administration of justice, and/or s 8(1)(e) as necessary in the public interest for the order and the public interest significantly outweighs public interest in open justice — test prescribed by Act more stringent than former common law test and that previously contained in (NSW) Civil Procedure Act (2005) s 72 — discussion of authorities — open justice principle liable to yield in circumstances where open justice would defeat the administration of justice — plaintiffs and defendant party to a deed requiring confidential alternative dispute resolution procedures to be adopted before institution of court proceedings — current proceedings arguably contrary to deed and arguably an abuse of process — publication of current proceedings will negate purpose of confidentiality provision — suppression order necessary to prevent prejudice to administration of justice and to uphold legal rights of litigants — balancing exercise required — weight accorded to public interest in open justice liable to vary according to nature and stage of proceedings — current proceedings concern family trust — private issues and interests concerned — public interest in vindicating private rights outweighs significantly public interest in open justice — fact proceedings may jeopardise commercial negotiations with third parties not a reason in and of itself to depart from principle of open justice — order to apply throughout the Commonwealth — order made at least until defendant's stay application dealt with.
Case Details
Citation[2011] NSWSC 1094
CourtNSWSC
JurisdictionNew South Wales
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