In the matter of the application of TSK (a pseudonym) [2023] NSWSC 494

Supreme Court New South Wales

Medium Neutral Citation: In the matter of the application of TSK (a pseudonym) [2023] NSWSC 494 Hearing dates: 14 April 2023 Date of orders: 11 May 2023 Decision date: 11 May 2023 Jurisdiction: Common Law Before: Campbell J Decision: (1) Relief under s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) is refused; (2) Under s 10 of the said Act, direct that these reasons and orders are not to be published in unrestricted form on NSW Caselaw for a period of 28 days from today to enable the plaintiff, if so advised, to appeal; (3) Liberty to apply to extend Order (2) in the event an appeal is instituted; (4) No order as to costs; (5) The proceedings are otherwise dismissed. Catchwords: CIVIL PROCEDURE — suppression and non-publication — contemplation of a recrudescence of adverse media coverage — plaintiff contends proceedings would insight the very kind of damage for which redress is sought — whether suppression orders required to prevent prejudice to the proper administration of justice or to protect the safety of the putative plaintiff's children Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8, 10 Crimes Act 1900 (NSW) Legal Profession Uniform Law 2014 (NSW) Cases Cited: AB (a pseudonym) v R (No 3) (2019) 97 NSWLR 1046; [2019] NSW CCA 46 AB (a pseudonym) v CD (a pseudonym) [2019] HCA 6; (2019) 93 ALJR 321 Ex Parte, The Times (Court of Appeal (Civil Division), Staughton LJ, 31 March 1998, unreported) Fairfax Digital Australia and New Zealand Pty Ltd v Ibrahim (2012) 83 NSWLR 52; [2012] NSWCCA 125 Hogan v Australian Crime Commission (2010) 240 CLR 651; [2010] HCA 21 John Fairfax & Sons Ltd v Police Tribunal (NSW) (1986) 5 NSWLR 465 Joukhador as principle solicitor of Thomas Booler Lawyers v NSW Commissioner of Police [2017] NSWSC 1287 Rinehart v Welker (2011) 93 NSWLR 311; [2011] NSWCA 403 Scott v Scott [1913] AC 417 R v Legal Aid Board, ex parte Kaim Todner (the firm) [1999] QB 966 Category: Procedural rulings Parties: Marcell Joukhador Representation: Counsel: Ms K Nomchong SC with Mr S Tzouganatos (Plaintiff)