Storer v State of New South Wales [2023] NSWSC 1043

Supreme Court New South Wales

Medium Neutral Citation: Storer v State of New South Wales [2023] NSWSC 1043 Hearing dates: 11 August 2023 Date of orders: 11 August 2023 Decision date: 11 August 2023 Jurisdiction: Common Law Before: Garling J Decision: See [11] Catchwords: CIVIL PROCEDURE – suppression and non-publication – whether necessary to make order pursuant to the Court Suppression and Non-publication Orders Act 2010 with respect to documents produced under subpoena – order not made – instead, confidentiality regime imposed with respect to those who accessed the documents Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Principal judgment Parties: Raymond Michel Storer (P) State of New South Wales (D) Representation: Counsel: S Cai (P) M Sutton (D1) J DE Saint Simon (D2) R LeBherz (D3) S Craig (for Catholic Church Insurance Ltd)

Solicitors: Koffels (P) Crown Solicitor's Office (D1) BNLaw (D2) Corrs Chambers Westgarth (D3) File Number(s): 2021/363034 Publication restriction: Not Applicable

EX TEMPORE JUDGMENT 1. On 7 June 2023, the solicitors for the plaintiff in these proceedings served a subpoena on the proper officer of Catholic Church Insurance Ltd ("CCI"). Insofar as is presently relevant, that subpoena sought the production of the following documents: "2. All statements of persons alleging themselves to be child victims of Robert (Dolly) Dunn's ("Dunn") sexual abuse or sexualized behaviour. 3. All statements of persons alleging themselves to be child victims of Brother Ronald Blyth's* sexual abuse or sexualized behaviour. 4. All reports about or against Dunn alleging sexual abuse, touching, sexualized behaviour, physical abuse, excessive discipline or similar by Dunn where such document came into existence between 1.1.1970 – 1.1.1986. 5. All reports about or against Dunn alleging sexual abuse, touching, sexualized behaviour, physical abuse, excessive discipline or similar by Dunn where such document came into existence between 1.1.1986 – date. * Blyth was the former principal of Marist College, Penshurst during, at least, 1977" 1. CCI applies for orders pursuant to the Court Suppression and Non-publication Orders Act 2010 ("the Act") that would restrict or prohibit the disclosure of the full name of the complainants, or other identifying details, to any person other than parties to the proceedings. CCI also applies for orders that complainants are referred to by pseudonyms to be agreed between the parties in due course, and that the publication of any of the complainants' full names and any other particulars which might enable them to be identified is prohibited. 2. I am informed by Ms Craig, solicitor for CCI, that all of the documents have been prepared, and have been produced in unredacted form.