R v PERISH; R v LAWTON; R v PERISH [2011] NSWSC 1101

Supreme Court New South Wales

Medium Neutral Citation: R v PERISH; R v LAWTON; R v PERISH [2011] NSWSC 1101 Hearing dates: 6 July 2011 Decision date: 11 July 2011 Jurisdiction: Criminal Before: Price J Decision: 1In the motion of Anthony Perish, I order that the article from the Sydney Morning Herald entitled 'Men accused over drug dealer's murder' dated 6 August 2010 be immediately removed from the Sydney Morning Herald website: 'http://news.smh.com.au/breaking-news-national/men-accused-over-drug-dealers-murder-20090120-7lbi.html' and from any website under the control of Fairfax Media Publications Pty Limited in New South Wales, and not be published on the internet by Fairfax Media Publications Pty Limited in New South Wales until after the trial and verdict in the matter of R v Anthony Perish or further order. 2The motion of Matthew Lawton is dismissed. 3The evidence given in these motions before the court, the argument of counsel, and this judgment not be published until after the trial and verdicts in the matters of R v Anthony Perish, R v Matthew Lawton and R v Andrew Perish or further order. Catchwords: CRIMINAL LAW - internet take-down orders - principle of open justice - test of necessity - whether court satisfied to a high degree of certainty that orders are necessary to ensure a fair trial. Legislation Cited: Court Suppression and Non-publication Orders Act 2010 Cases Cited: BUSB v R [2011] NSWCCA 3 Attorney-General for New South Wales v Nationwide News Pty Ltd [2007] NSWCCA 307; (2007) 73 NSWLR 635 John Fairfax Publications Pty Ltd v District Court of New South Wales [2004] NSWCA 324; (2004) 61 NSWLR 344 John Fairfax & Sons Ltd v Police Tribunal of New South Wales (1986) 5 NSWLR 465 R v Yuill (1993) 69 A Crim R 450 Category: Interlocutory applications Parties: Anthony John Michael Perish (First applicant) Matthew Robert Lawton (Second applicant) Fairfax Media Publications Pty Limited (Respondent) Representation: C A Davenport SC (First applicant) S Hanley SC (Second applicant) A T S Dawson (Respondent) William O'Brien & Ross Hudson Solicitors (First applicant) Matouk Joyner Lawyers (Second applicant) Johnson Winter & Slattery (Respondent) File Number(s): 2009/148002 2009/145260 2009/150111