Smolin v Dailymail.com Australia Pty Ltd (No.2) [2024] NSWDC 444

District Court New South Wales

Medium Neutral Citation: Smolin v Dailymail.com Australia Pty Ltd (No.2) [2024] NSWDC 444 Hearing dates: 19 September 2024 Date of orders: 19 September 2024 Decision date: 19 September 2024 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) An extension of the interim order made on 13 September 2024 until 23 September 2024 at 5:00pm, pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), to provide that the following information not be published: (a) Any information about, or otherwise revealing, the contents of the 305 page PDF filed which is Exhibit B in these proceedings, subject to the continued entitlement to publish other material in the public domain regardless of whether it is also contained in Exhibit B. (b) This order is to have effect throughout the Commonwealth of Australia. (2) Orders 1 and 3 - 6 of my orders in Smolin v Dailymail.com Australia Pty Ltd [2024] NSWDC 433 be stayed until 23 September 2024 at 5:00 pm. (3) The consent order for the plaintiff to pay the defendants' costs on an indemnity basis, placed on JusticeLink today, be stayed until 23 September 2024 at 5:00 pm. (4) Paragraphs [18], [19], [26] and [27] of the judgment Smolin v Dailymail.com Australia Pty Ltd [2024] NSWDC 433 be redacted until 23 September 2024 at 5:00 pm. (5) Costs of the application for a stay reserved. Catchwords: TORTS – defamation – application for stay of suppression order Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8, 10, 14 Uniform Civil Procedure Rules 2005 (NSW), r 36.11 Cases Cited: Hearne v Street (2008) 235 CLR 125 McJannett v Daley [No 2] [2012] WASC 386 (S) Smolin v Dailymail.com Australia Pty Ltd [2024] NSWDC 433 Zimmerman v Perkiss (No.2) [2022] NSWDC 458 Texts Cited: Nil Category: Procedural rulings Parties: Anton Smolin (Plaintiff) Dailymail.com Australia Pty Ltd (Defendant) Tita Smith (Defendant) Representation: Counsel: Mr C Parkin (Plaintiff) Mr N Olson (Defendants)