BISSETT v DEPUTY STATE CORONER [2011] NSWSC 1182

Supreme Court New South Wales

Medium Neutral Citation: BISSETT v DEPUTY STATE CORONER [2011] NSWSC 1182 Hearing dates: 4 October 2011 Decision date: 07 October 2011 Jurisdiction: Common Law Before: RS HULME J Decision: (i)I revoke the injunction granted by me in this matter on Tuesday 4 October 2011; (ii) Upon the ground that this order is necessary to prevent prejudice to the proper administration of justice, I order that, until further order, there be no publication of the DVD depicting a walk through interview of the Plaintiff on 30 November 2009, except as an incident of proceedings in the Coroner's Court, or of the exercise of the functions of the Director of Public Prosecutions or to the Plaintiff's present or future legal advisers, providing however that this order shall not extend to restrain the publication of a transcript of the voices recorded on the said DVD. (iii) Upon the ground that this order is necessary to prevent prejudice to the proper administration of justice, I order that, until further order, there be no publication of the DVD depicting a walk through interview of the Plaintiff on 30 November 2009 to or by the Second Defendant, providing however that this order shall not extend to restrain the publication of a transcript of the voices recorded on the said DVD. (iv) Upon the ground that this order is necessary to prevent prejudice to the proper administration of justice, I order that until further order that the First Defendant be restrained form releasing to any person or organisation the DVD depicting a walk through interview of the Plaintiff on 30 November 2009, except for the purposes of its use in the Coroner's Court, to the person who produced the DVD in the Coroner's Court, to officers within the office of the Director of Public Prosecutions or to the Plaintiff's present or future legal advisers, providing however that this order shall not extend to restrain the publication of a transcript of the voices recorded on the said DVD. Catchwords: Courts - evidence - non-publication order Legislation Cited: Court Suppression and Non-publication Orders Act 2010 Cases Cited: DPP (NSW) v Alderman (1998) 45 NSWLR 526 DPP (NSW) v Attallah [2001] NSWCA 17 at [27] Hogan v Australian Crime Commission (2010) 240 CLR 651 John Fairfax Publications Pty Ltd v Rich (unreported, Barrett J, 18 March 2002; BC 200200924) The Queen v Rogerson [1991-1992] 174 CLR 268 R v Einfield (unreported, James J, 19 May 2008) at [128]. Einfield v R [2008] NSWCCA 2008; (2008) 252 ALR 375 The Queen v Rogerson [1991-1992] 174 CLR 268 Hogan v Australian Crime Commission (2010) 240 CLR 651 Category: Interlocutory applications Parties: Sheree BISSETT Scott Mitchell Deputy State Coroner Australian Broadcasting Corporation Representation: Ms S Chrysanthou (Plaintiff) Mr C Lonergan (First Defendant) Mr M Lewis (Second Defendant) Walter Madden Jenkins NSW Crown Solicitor Australian Broadcasting Commission File Number(s): 2011/316070