XX v Nationwide News Pty Ltd [2010] NSWDC 147

New South Wales District Court

CITATION: XX v Nationwide News Pty Ltd [2010] NSWDC 147

HEARING DATE(S): 8 and 11 June 2010

JUDGMENT DATE: 11 June 2010

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

Orders: (1) These proceedings conducted in a closed court by reason of this being an appeal brought under the Children and Young Persons (Care and Protection) Act 1998 (NSW). (2) Parties' names anonymised for JusticeLink and CaseLaw purposes. (3) Appeal allowed. (4) Order made by the Children's Court of New South Wales on 30 November 2009 dismissing the plaintiffs' application for costs be set aside. (5) In lieu of that order, the defendants are to pay the costs of the plaintiffs of and incidental to the application filed by the plaintiffs against the defendants in the Children's Court of New South Wales on 17 September 2009, including but not limited to the costs of hearings on 18, 21, 28 and 30 September and 1 October 2009. (6) The defendants pay the plaintiffs' costs of this appeal. DECISION: (7) Plaintiffs' application for indemnity costs refused. (8) There be no publication or broadcasting of any report of these proceedings (including the Orders and Judgment delivered on 11 June 2010) until the child, the subject of these proceedings, attains 25 years. (9) Order 8 does not extend to the final redacted form of the Orders and Judgment given on 11 June 2010. (10) The final redacted form of the Orders and Judgment given on 11 June 2010 not be published until Tuesday 20 July 2010. (11) The parties have liberty to restore the matter by arrangement with the Associate to Judge Gibson prior to Monday 19 July 2010 in the event that they consider it necessary to address matters relating to the redacted version of the Orders and Judgment at Order 9 above that may identify or have the capacity to identify the child, the subject of these proceedings. (12) Any further application in relation to other publications or other orders is stood over for further directions to Monday 19 July 2010 at 9:30am. Notations: (A) The Court notes the Orders and Judgment of Judge Marien SC, the President of the Children's Court of New South Wales given on 20 May 2010.