Hume v The Council of the Kings School [2010] NSWSC 186

New South Wales Supreme Court

CITATION : Hume v The Council of the Kings School [2010] NSWSC 186

HEARING DATE(S) : 8 March 2010

JUDGMENT DATE : 10 March 2010

JUDGMENT OF : Latham J

1. The applicant is granted leave to inspect the documents produced by NSW Police pursuant to a subpoena issued in these proceedings. 2. The applicant is to be addressed and referred to only by the pseudonym "X" in the Court ; in any document to be filed with the Court (except any subpoenas caused by the plaintiff to be issued and where such subpoenas are directed to seeking documents relevant to the applicant and in which it is necessary to refer to the applicant by name, provided that such subpoenas do not disclose any part of the allegations made in the Statement of Claim against him) ; and in any affidavit to be relied upon in Court. 3. The solicitor for the applicant is granted leave to uplift the Statement of Claim filed on 6 November 2009 from the Court file and to redact the Statement of Claim to remove all references to the applicant's name and replace them with the pseudonym "X" and to replace the redacted Statement of Claim in the Court file within 2 days of the date of this order. 4. Any matter which is likely to lead to the identification of the applicant is not to be reported, published or broadcast in or on any form of public media including (but not limited to) magazines, newspapers, radio, television and the World Wide Web. DECISION : 5. A copy of these orders is to be provided to any person to whom any matter which is likely to lead to the identification of the applicant in connection with the proceedings is communicated (by the parties to this proceeding or any other person). 6. Seven days notice must be given to the solicitor for the applicant of any application to inspect the Court file in these proceedings. 7. The affidavit of Ian Stirling Craig sworn 9 February 2010 is to be treated as confidential in the Court file. 8. The solicitor for the plaintiff is to give seven days notice to the solicitor for the applicant of any subpoenas proposed to be filed and served containing the applicant's name or containing information that is likely to lead to the identification of the applicant. 9. I grant leave to the parties to apply on seven days notice. 10. Costs are reserved.