SafeWork NSW v Edstein Creative Pty Ltd (No. 3) [2023] NSWDC 335

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Edstein Creative Pty Ltd (No. 3) [2023] NSWDC 335 Hearing dates: 21 August 2023 Date of orders: 29 August 2023 Decision date: 29 August 2023 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Dismiss the Notice of Motion filed on 21 July 2023. (2) Order each party to pay his or its own costs of the Notice of Motion. Catchwords: CRIMINAL PROCEDURE — suppression and non-publication orders — potential witness seeks order restricting publication of his name or information tending to reveal his identity — grounds — whether necessary to protect the safety of the applicant — no evidence that suffering "distress and embarrassment" is likely to prejudice safety — whether necessary to prevent prejudice to the proper administration of justice — application dismissed Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 3, 6, 7, 8 Work Health and Safety Act 2011 (NSW), ss 19, 32 Cases Cited: AB (A Pseudonym) v CD (A Pseudonym) [2019] HCA 6 AB (A Pseudonym) v R (No 3) [2019] NSWCCA 46 Fairfax Digital Australia and New Zealand Pty Ltd v Ibrahim [2012] NSWCCA 125; (2012) 83 NSWLR 52 R v AB (No 1) [2018] NSWCCA 113 SafeWork NSW v Snap Programs Ltd; SafeWork NSW v Department of Communities and Justice [2020] NSWDC 455 Category: Procedural rulings Parties: SafeWork NSW (Prosecutor) Edstein Creative Pty Ltd (Defendant) AB (A Pseudonym) (Applicant) Representation: Counsel: C Magee (Prosecutor) L-C Hutchinson (Applicant)