Smith v New South Wales Crime Commission (No 4) [2024] NSWSC 1656

Supreme Court New South Wales

Medium Neutral Citation: Smith v New South Wales Crime Commission (No 4) [2024] NSWSC 1656 Hearing dates: 13 December 2024 Date of orders: 18 December 2024 Decision date: 18 December 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: Orders made under Court Suppressions and Non-Publication Orders Act 2010 (NSW) Catchwords: CIVIL PROCEDURE – suppression and non-publication orders – application for pseudonym and other orders – whether orders necessary to protect the safety of the fourth defendant – whether orders necessary in the public interest – where fourth defendant fears for her safety and the safety of their family – where fourth defendant has legitimate basis for concern about their safety – where orders being made will have limited impact on open justice – suppression and non-publication orders made Legislation Cited: Court Suppressions and Non-Publication Orders Act 2010 (NSW) Crime Commission Act 2012 (NSW) Cases Cited: AB (a pseudonym) v CD (a pseudonym) [2019] HCA 6; (2019) 364 ALR 202 AB (a pseudonym) v R (No 3) (2019) 97 NSWLR 1046; [2019] NSWCCA 46 John Smith (a pseudonym) & Jane Smith (a pseudonym) v State of New South Wales & Ors [2024] NSWSC 507 Texts Cited: Nil Category: Procedural rulings Parties: John Smith (a pseudonym) (First Plaintiff) Jane Smith (a pseudonym) (Second Plaintiff) New South Wales Crimes Commission (First Defendant) Director of Public Prosecutions (Second Defendant) State of New South Wales (Third Defendant) Jane Doe (Fourth Defendant) Representation: Counsel: D Gasic (Fourth Defendant)