Obeid v The Queen [No 2] [2016] HCA 10

HIGH COURT OF AUSTRALIA

GAGELER J

EDWARD MOSES OBEID APPLICANT

AND

THE QUEEN RESPONDENT

Obeid v The Queen [No 2] [2016] HCA 10 Date of Order: 20 January 2016 Date of Publication of Reasons: 4 April 2016 S265/2015

ORDER

1. Pursuant to s 77RE(1)(a) of the Judiciary Act 1903 (Cth), it being necessary to prevent prejudice to the proper administration of justice, until 11 March 2016, there be no publication of information tending to reveal the identity of the applicant in relation to:

(a) the application for special leave to appeal;

(b) the application to stay the trial proceedings; and

(c) the application for non-publication orders.

2. On or before 11 March 2016, either party or any person listed in s 77RG(2) of the Judiciary Act have liberty to apply by summons and supporting affidavit for an order varying order 1.

Representation

G O'L Reynolds SC with D P Hume for the applicant (instructed by Breene and Breene Solicitors)

W J Abraham QC with S F Beckett for the respondent (instructed by Solicitor for Public Prosecutions (NSW))

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Obeid v The Queen [No 2]

Practice and procedure – High Court of Australia – Non-publication order – Application for non-publication order under s 77RE of Judiciary Act 1903 (Cth) – Application for special leave to appeal from orders of Court of Criminal Appeal of Supreme Court of New South Wales dismissing appeal from refusal of single judge to quash indictment or permanently stay criminal proceeding – Application in High Court for stay of criminal proceeding pending determination of special leave application – Respondent applies for non-publication order concerning information tending to reveal identity of applicant – Whether non-publication order should be made.