Ashton v Pratt [2011] NSWSC 1092

Supreme Court New South Wales

Medium Neutral Citation: Ashton v Pratt [2011] NSWSC 1092 Hearing dates: Monday, 12 September 2011 Decision date: 12 September 2011 Jurisdiction: Equity Division Before: Brereton J Decision: Application dismissed Catchwords: COURTS AND JUDGES - Application for proceedings to be conducted in the absence of the public and for suppression order - applicant relies on (NSW) Civil Procedure Act 2005 s 71(f) that proceedings be conducted in private in Equity Division if court thinks fit - no reason why proceedings should be conducted in private just because in Equity Division - Equity Division applies same rules of open justice as Common Law Division - applicant relies on Civil Procedure Act s 71(b) that public proceedings would defeat ends of justice - s 71(b) addresses situations where public proceedings would practically defeat or circumvent relief sought - not applicable where applicant not a party - (NSW) Court Suppression and Non-publication Orders Act (2010) imposes more stringent test for suppression and non-publication orders - application brought by non-party to proceedings who is referred to in evidence on grounds that scandalous material will occasion detriment to herself and her child - inevitable consequence that children of persons involved in proceedings may be subject to disadvantage when parents mentioned - of itself insufficient basis for intruding on principle of open justice - material of a scandalous nature about applicant is gratuitous and not pressed - administration of justice not prejudiced if case heard in open court Legislation Cited: (NSW) Civil Procedure Act 2005, s 71, s 72 (NSW) Court Suppression and Non-publication Orders Act 2010, s 3, s 6, s 8 (NSW) Succession Act 2006 Cases Cited: AMI Australia Holdings Pty Ltd v Fairfax Media Publications Pty Ltd [2009] NSWSC 1290 Arnotts Ltd v Trade Practices Commission (1990) 24 FCR 313 Chappell v TCN Channel 9 Pty Ltd (1988) 14 NSWLR 153 John Fairfax Publications Pty Ltd and Another v District Court of New South Wales and Others (2004) 61 NSWLR 344 Raybos Australia Pty Ltd v Jones (1985) 2 NSWLR 47 Re Fenwick; Application of J R Fenwick; Re 'Charles' 22 NSWLR 76 Scott v Scott [1913] AC 417 W v M [2009] NSWSC 1084 Category: Procedural and other rulings Parties: Shari-Lea Hitchcock (applicant) Madison Ashton (plaintiff) Jeanne Pratt (defendant) Representation: Counsel: Mr C. C. Branson QC (applicant) Mr F. M. Douglas QC, Mr R. K. Newton and Mr T French (plaintiff) Mr R. Richter QC, Mr N. J. Clelland SC and Mr M. S. Henry (defendant) Solicitors: James Tuite & Associates (applicant) David Legal (plaintiff) Arnold Bloch Leibler (defendant) File Number(s): 2010/209167