JUDGMENT No. sumaatad eal watch, Ni FOR DISTRIBUTION FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES REGISTRY No NG 327 of 1994 GENERAL DIVISION BETWEEN: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Applicant AND: RU GUANG QUAN and OTHERS Respondent CORAM: SACKVILLE J. PLACE: SYDNEY 16 DEC 1994 DATE: 6 DECEMBER 1994 FEDERAL COURT OF AUSTRALIA PRINCIPAL REGISTAY INS FOR NT HIS HONOUR: In this matter I order that the application be dismissed, the applicant to pay the respondent's costs, and I publish my reasons. Copies of that will be made available. RECORDED 3 NOT TRANSCRIBED HIS HONOUR: I have prepared and published reasons in this Matter. A notice of motion has been filed on behalf of the respondents who have succeeded before me in any event. That notice of motion which has been filed in Court today seeks orders -2 - that the first and second respondents be referred to as Respondent A and Respondent B respectively. I assume that is intended to mean that they be referred to in that form in any publication of the Court's reasons. The notice of motion also seeks an order that there be no publication of the identity of either the first or second respondents or anything that would tend to identify them. Mr Gerogiannis, who appears on behalf of the respondent, initially sought an order that the reasons that I published today be 'confined to the parties. I do not think that that is an appropriate order. The Court has dealt with the matter and has published reasons. Subject to the question of identification, it seems to me that the published reasons ought to be available. x " 'However, although I am by no means convinced that the appropriate order will be that the identity of the respondents be suppressed in any publication of the reasons, on an interim basis and particularly having regard to the attitude of the applicant, I am prepared to make orders. Those orders will be until 5 pm on Wednesday, 14 December 1994, and I will list the matter at 9.30 am on Wednesday, 14 December to deal with the issue. The orders that I make are these: that in any publication of the reasons for judgment in this matter or any account of the case, the first and second respondents should be identified only as Respondent A, and Respondent B, respectively. I further order that in any publication relating to the reasons for judgment or -3- any account of the case that there be no matter published which identifies either the first or second respondents nor anything which would enable them to be identified. That is a matter, I should make clear, that affects of course not only the parties but anybody outside the parties or their representatives who would seek to publish an account of the case or of the reasons for judgment that have been delivered. I certify that this and the preceding 2 pages are a true copy of the Reasons for Judgment of the Honourable Justice Sackville. Associate: l Je Fey) Dated: 16 December, 1994 Heard: 6 December, 1994 Place: Sydney Decision: 6 December, 1994 Appearances: Ms J. Hall of the Australian Government Solicitor appeared for the applicant. Mr Gerogiannis of the Legal Aid Commission of N.S.W. appeared for the first and second respondents.