Z v Mental Health Review Tribunal (No 2) [2022] NSWCA 131

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Z v Mental Health Review Tribunal (No 2) [2022] NSWCA 131 Hearing dates: 5 May 2022 Date of orders: 22 July 2022 Decision date: 22 July 2022 Before: Kirk JA Decision: (1) Prayers 4-10 of the applicant's motion filed on 9 March 2022 are dismissed. (2) The contempt application against the Attorney-General of New South Wales (raised by paragraphs 12 and 14 of the applicant's motion filed on 9 March 2022 and the accompanying Statement of Charge) is dismissed with costs. (3) The following allegations in the statement of charge filed by the applicant on 15 March 2022 are dismissed: (a) as against Mr McHugh, at [15], and at [13], [14] and [16] (insofar as those three paragraphs are based on the particulars at [13](b) and (l)-(q)); (b) as against Mr Moore, at [23]-[25]; (c) as against Messrs McHugh, Griffin and Cameron and the 4th and 7th-11th respondents, at [29]; (d) as against Messrs McHugh, Griffin and Moore and the 4th and 7th-11th respondents, at [30]. (4) The following matters are struck out: (a) the following paragraphs or particulars in the statement of charge filed by the applicant on 15 March 2022, to the extent that they are not summarily dismissed: [13], [14], [16], the particulars at (f)-(h) of [17], [20]-[22] and [26]-[28]; (b) in the further amended notice of motion filed by the applicant on 15 March 2022: all names from paragraph 1A, other than that of Patrick Griffin. (5) The applicant is to pay 50% of the costs of the 2nd to 11th respondents to the further amended notice of motion filed by the applicant on 15 March 2022 with respect to costs incurred to the date of this order. (6) Pursuant to s 13(1) of the Court Suppression and Non-publication Orders Act 2010 (NSW), this matter be listed for further hearing before Kirk JA for review of the suppression order made by this Court on 1 December 2015 (and all subsequent orders varying that order), on a date to be set by the Registrar and in accordance with timetabling directions to be made by him. Catchwords: CONTEMPT — alleged breaches of order made under Court Suppression and Non-publication Orders Act 2010 (NSW) — summary dismissal applications — where contempt application made against barrister who disclosed information potentially in breach of order in course of other proceedings — whether suppression order should be read down to exempt disclosures made in furtherance of the administration of justice — operation of s 15 of Court Suppression and Non-publication Orders Act 2010 (NSW) — whether defence to contempt charges where breach of court order committed in furtherance of the administration of justice — where Attorney-General was a party to the proceedings in which the suppression order was made — where contempt application also brought against Attorney-General — whether Attorney-General has a duty to enforce suppression order CIVIL PROCEDURE — Registrars — Review of Registrar's decision — Court of Appeal — where Registrar granted leave to amend notice of motion on condition that various paragraphs be omitted Legislation Cited: Civil Procedure Act 2005 (NSW), ss 13, 64 Court Suppression and Non-publication Orders Act 2010 (NSW) Supreme Court Act 1970 (NSW), ss 46, 48, 49 and 121(3) Supreme Court Rules, Pt 55 Uniform Civil Procedure Rules, rr 4.15, 6.4, 13.4, 49.19(1) and 51.59 Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 Assistant Commissioner Condon v Pompano Pty Ltd (2013) 252 CLR 38; [2013] HCA 7 Attorney General v Times Newspapers Ltd [1974] AC 273 Australasian Meat Industry Employees Union v Mudginberri Station (1986) 161 CLR 98; [1986] HCA 46 Boral Resources (Vic) Pty Ltd v CFMEU [2013] VSC 572 CFMEU v Boral Resources (Vic) Pty Ltd (2015) 256 CLR 375; [2015] HCA 21 Collier v Country Women's Association of New South Wales [2018] NSWCA 36 Commonwealth v Kupang Resources Pty Ltd [2022] NSWCA 77 Dae Boong International Co Pty Ltd v Gray [2009] NSWCA 11 Davy v Garrett (1877) 7 Ch D 473 Director of Public Prosecutions (DPP) v Australian Broadcasting Corporation (1987) 7 NSWLR 588 Doyle v Commonwealth (1985) 156 CLR 510; [1985] HCA 46 European Asian Bank AG v Wentworth (1986) 5 NSWLR 445 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 GR v Family and Community Services [2021] NSWSC 39 Hearne v Street (2008) 235 CLR 125; [2008] HCA 36 Inghams Enterprises Pty Ltd v Timania Pty Ltd (2005) 221 ALR 823; [2005] FCAFC 155 Killen v Lane [1983] 1 NSWLR 171 Kizon v Palmer (1997) 72 FCR 409 Kostov v YPOL Pty Ltd (2018) 98 NSWLR 1002; [2018] NSWCA 306 Liristis v Corrective Services NSW (No 4) [2020] NSWSC 147 Magaming v The Queen (2013) 252 CLR 38; [2013] HCA 40 Markisic v Commonwealth of Australia [2006] NSWCA 150 Matthews v ASIC [2009] NSWCA 155 McDonnell v Novello [2006] NSWSC 1186 Nationwide News Pty Ltd v JS and SD [2022] NSWSC 774 New South Wales v Kable (2013) 252 CLR 118; [2013] HCA 26 Osborne v R [2014] NSWCCA 17 Penson v Titan National Pty Ltd [2015] NSWCA 404 Porter v Dyer [2022] FCAFC 116 Singh v State of NSW [2021] NSWCA 260 Skouvakis v Skouvakis [1976] 2 NSWLR 29 Tomko v Palasty (No 2) (2008) 71 NSWLR 61; [2007] NSWCA 369 Trkulja v Google LLC (2018) 263 CLR 149; [2018] HCA 25 Witham v Holloway (1995) 183 CLR 525; [1995] HCA 3 Z v Mental Health Review Tribunal [2015] NSWCA 373 Z v Mental Health Review Tribunal [2015] NSWSC 1425 Z v Mental Health Review Tribunal [2015] NSWSC 1943 Texts Cited: Anne Twomey, The Constitution of New South Wales (Federation Press, 2004) Category: Procedural rulings Parties: Z (applicant in contempt applications)