EFG v General Counsel, Department of Communities and Justice [2024] NSWSC 1373

Supreme Court New South Wales

Medium Neutral Citation: EFG v General Counsel, Department of Communities and Justice [2024] NSWSC 1373 Hearing dates: 25 October 2024 Date of orders: 25 October 2024 Decision date: 25 October 2024 Jurisdiction: Common Law Before: Campbell J Decision: (1) Upon the undertaking of the plaintiff's solicitor to file the Summons, Notice of Motion and affidavit in support together with payment of the usual fee forthwith after the completion of today's hearing grant the plaintiff leave to proceed on the unfiled documents today. (2) The Notice of Motion is returnable instanter and grant leave to proceed on it ex parte. (3) Under s 7 of the Courts Suppression and Non-publication Orders Act 2010 (NSW) on the ground specified in s 8(1)(d) of the said Act order that there be no publication of the name of the plaintiff or of any detail that might lead to his identification. (4) Grant leave to file the Summons and the Notice of Motion between "EFG" as plaintiff and the General Counsel, Department of Communities and Justice and State of New South Wales as defendants. (5) Order that the proceedings instituted by the accompanying summons be conducted on the part of the plaintiff under the pseudonym "EFG", such pseudonym to be used to the exclusion of his real name on all documents filed and all listings. (6) Grant leave to the defendants to apply at any time at the hearing, or before it on reasonable notice to the plaintiff, for variation of these orders. (7) This order applies throughout the Commonwealth of Australia for a period of 10 years from today's date. Catchwords: CIVIL PROCEDURE – suppression and non-publication – calculus of risk approach – costs certificate granted following an acquittal – sentencing judge's findings as to the grant of the certificate unlikely to be known to the public – "there must be something in it" – exceptional circumstances established Legislation Cited: Costs in Criminal Cases Act 1967 (NSW), ss 3, 4 Court Suppression and Non-publication Orders Act 2010 (NSW), ss 6, 7, 8 Crimes Act 1900 (NSW), s 578A Cases Cited: AB (a pseudonym) v R (No 3) (2019) 97 NSWLR 1046; [2019] NSWCCA 46 Hogan v Australian Crime Commission (2010) 240 CLR 651; [2010] HCA 21 John Fairfax & Sons Pty Ltd v Police Tribunal of NSW (1986) 5 NSWLR 465 Rinehart v Welker (2011) 93 NSWLR 311; [2011] NSWCA 403 Category: Procedural rulings Parties: EFG (Plaintiff) General Counsel, Department of Communities and Justice (First Defendant) State of New South Wales (Second Defendant) Representation: Counsel: T Molomby SC (Plaintiff)