EFG bht HIJ v KLM [2022] NSWSC 826

Supreme Court New South Wales

Medium Neutral Citation: EFG bht HIJ v KLM [2022] NSWSC 826 Hearing dates: 24 March 2022 Date of orders: 24 March 2022 Decision date: 24 March 2022 Jurisdiction: Common Law Before: Hamill J Decision: (1) Until further order, pursuant to the Court Suppression and Non-Publication Orders Act 2010, that the name and identity of the plaintiff be suppressed except as may be necessary for the proper conduct of these proceedings, upon the ground that the order is necessary to prevent prejudice to the proper administration of justice and is necessary for the protection of the plaintiff. (2) Order 1 is to apply throughout the Commonwealth of Australia. (3) Until further order, pursuant to the Court Suppression and Non-Publication Orders Act 2010, that the name and identity of the tutor for the plaintiff be suppressed except as may be necessary for the proper conduct of these proceedings, upon the ground that the order is necessary to prevent prejudice to the proper administration of justice and the safety of the person. (4) Order 3 is to apply throughout the Commonwealth of Australia. (5) Until further order, pursuant to the Court Suppression and Non-Publication Orders Act 2010, that the publication of the name of the defendant and any information leading to identify him be prohibited except as may be necessary for the proper conduct of these proceedings, upon the ground that the order is necessary to prevent prejudice to the proper administration of justice. (6) Order 5 is to apply throughout the Commonwealth of Australia. (7) Until further order, the plaintiff in these proceedings: (a) be known as "EFG"; (b) be described in all pleadings and all documents filed and served in the proceedings as "EFG"; and (c) except as may be necessary for the proper conduct of the proceedings, be only referred to as "EFG". (8) Until further order, that the plaintiff's tutor in these proceeding: (a) be known as "HIJ"; (b) be described in the proceedings and all documents to be filed in accordance with r 7.16 of the UCPR or served in the proceedings as "HIJ"; and (c) except as may be necessary for the proper conduct of the proceedings, be only referred to as "HIJ". (9) Until further order, that the defendant in these proceedings: (a) be known as "KLM"; (b) be described in all pleadings and all documents filed and served in the proceedings as "KLM"; and (c) except as may be necessary for the proper conduct of the proceedings, be only referred to as "KLM". (10) The name of the proceedings be changed so that the proceedings be referred to as "EFG by her Tutor HIJ v KLM". (11) Leave be granted, that any documents filed on or behalf of the plaintiff to provide her address as the address of her solicitor. (12) Any amended statement of claim together with the documents required by r 7.16 of Uniform Civil Procedure Rules 2005 (NSW), be filed within 28 days of these orders. (13) Costs of this notice of motion be reserved. Catchwords: CIVIL PROCEDURE – suppression and non-publication – orders for suppression of names and use of pseudonyms in action for trespass to the person – no question of principle Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW), ss 6, 8 Category: Procedural rulings Parties: EFG bht HIJ (Plaintiff) KLM (Defendant) Representation: Counsel: K Boettcher (Plaintiff) M Short (Defendant)