Murphy v State of New South Wales [2024] NSWSC 601

Supreme Court New South Wales

Medium Neutral Citation: Murphy v State of New South Wales [2024] NSWSC 601 Hearing dates: 16 May 2024 Date of orders: 16 May 2024 Decision date: 16 May 2024 Jurisdiction: Common Law Before: Campbell J Decision: (1) Leave is granted to commence the proceedings by statement of claim filed on 15 January 2024 under ss 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW) nunc pro tunc. (2) Refuse the application for a suppression and non-publication order. (3) The plaintiff's costs of the application are costs in the cause. Catchwords: CIVIL PROCEDURE – application for leave for person in custody to commence civil proceedings nunc pro tunc – prima facie case supported by expert evidence – court to form a broad impression as to prospects of success – leave granted CIVIL PROCEDURE – application for suppression and non-publication order – paramountcy of "open justice" – calculus of risk – no evidence of real risk of harm – application refused Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 6, 7, 8 Felons (Civil Proceedings) Act 1987 (NSW), ss 4, 5, 7 Cases Cited: Application of Malcolm Huntley Potier [2012] NSWCA 222 Jol v State of New South Wales (1998) 45 NSWLR 283 Lucas v State of New South Wales [2024] NSWSC 600 Category: Procedural rulings Parties: Cassidy Murphy (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: M McGirr (Plaintiff) C Higgins (Solicitor) (Defendant)