Armstrong v State of New South Wales [2021] NSWSC 1718

Supreme Court New South Wales

Medium Neutral Citation: Armstrong v State of New South Wales [2021] NSWSC 1718 Hearing dates: 30 July 2021 Date of orders: 30 July 2021 Decision date: 30 July 2021 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The defendant is excused from compliance with UCPR 31.10(1) in respect of the audio visual recordings in "Exhibit RTH2 – 191381" to the Affidavit of Rachelle Harrington sworn 29 July 2021. (2) Pursuant to section 7 of the Court Suppression and Non Publication Orders Act 2010, and on the grounds appearing in section 8(1)(e) thereof, until 1 September 2021 or such earlier time as the defendant raises in open Court the contents of Exhibit RTH2 – 191381 to the affidavit of Rachelle Harrington sworn 29 July 2021, the publication of the Orders made on this application, the application itself, the affidavit of Rachelle Harrington sworn 29 July 2021 and any transcript of the hearing of the application are suppressed. (3) Order 2 shall operate throughout the Commonwealth. (4) The terms of these orders, the Court's reasons, the transcript of this application and the material relied on, shall be placed in an envelope marked "Confidential: Order pursuant to UCPR r 31.10 – not to be opened without the leave of a judge of the Court". (5) Orders 1 to 3 are not to be published on Justice Link until Order 2 expires. Catchwords: PRACTICE AND PROCEDURE – personal injury proceedings – CCTV and body cam footage of plaintiff – whether defendant should be excused from service on plaintiff – ex parte application – not heard by trial judge – confidentiality order re application Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 Uniform Civil Procedure Rules, r 31.10 Cases Cited: Halpin & Others v Lumley General Insurance [2009] NSWCA 372, [2009] 78 NSWLR 265 Latimer v Day [2015] NSWSC 11 Category: Procedural rulings Parties: Brett Armstrong (Plaintiff) State of New South Wales (Respondent) Representation: Counsel: N Regener, ex parte (Respondent)