S v State of New South Wales (No 4) [2009] NSWCA 242

New South Wales Court of Appeal

CITATION: S v State of New South Wales (No 4) [2009] NSWCA 242

HEARING DATE(S): On the Papers

JUDGMENT DATE: 10 August 2009

JUDGMENT OF: Macfarlan JA at 1

(1) That the true name of the appellant may be published as being the name of the appellant in these proceedings and of the plaintiff in the proceedings below. DECISION: (2) Until further order, there shall be no publication of any image of the appellant in connection with these proceedings or the proceedings below, except for the purpose of the proper conduct of these proceedings, any proceedings in the High Court of Australia arising out of these proceedings and the proceedings remitted to the Court below, provided that it shall be permissible to publish an image of the appellant that does not give a true depiction of her appearance and does not enable her to be recognised. (3) That the Commissioner of Police shall have liberty to apply to the Court on 3 working days' notice for any order that he contends should be made in consequence of the making of Order 1.

CATCHWORDS: PROCEDURE - non-publication order varied - no issue of principle

CATEGORY: Procedural and other rulings

PARTIES: "S" (Appellant) State of New South Wales (Respondent)

FILE NUMBER(S): CA 40396/08

R J Burbidge QC/D M Shoebridge (Appellant) COUNSEL: P Menzies QC/P D A Mallon (Respondent) P Singleton/M England (Commissioner of Police)

Edwards Michael Lawyers (Appellant) SOLICITORS: Crown Solicitor's Office (Respondent) Crown Solicitor's Office (Commissioner of Police)

LOWER COURT JURISDICTION: Supreme Court - Common Law Division