X v Sydney Children's Hospitals Specialty Network & Anor (No 8) [2011] NSWSC 1466

Supreme Court New South Wales

Medium Neutral Citation: X v Sydney Children's Hospitals Specialty Network & Anor (No 8) [2011] NSWSC 1466 Hearing dates: 25 November 2011 Decision date: 25 November 2011 Jurisdiction: Common Law Before: Adamson J Decision: (1) Publication in Australia of the name of the Plaintiff and her next friend is prohibited, except that: (a) the Court and Court staff, the parties to the proceedings and their legal representatives and witnesses in the proceedings may identify the Plaintiff and her next friend for the purposes of or associated with the proceedings; (b) the parties to the proceedings may identify the Plaintiff and her next friend for the purposes of the administration of the public health system in the State of New South Wales; and (c) references to previous judgments of the Court are not in breach of this order. (2) Publication in Australia of other material that would be likely to identify the Plaintiff, such as the names of members of her family, is prohibited except that the Court and Court staff, the parties to the proceedings and their legal representatives and witnesses in the proceedings may identify them for the purposes of or associated with the proceedings. (3) For the purposes of orders (1) and (2), "parties" includes: (a) the Crown in right of the State of New South Wales, including but not limited to the New South Wales Minister for Health and the Ministry of Health; and (b) the parties' insurers and indemnity organisations. (4) The Plaintiff be otherwise identified by the pseudonym, "X". (5) The Plaintiff's next friend be otherwise identified by the pseudonym, "Y". (6) These orders have effect until 5 December 2016, subject to further order of the Court. Catchwords: PRACTICE AND PROCEDURE - courts and judges - extension of pseudonym order in respect of the plaintiff - court satisfied that extension of pseudonym order necessary in the circumstances Legislation Cited: - Court Suppression and Non-publication Orders Act 2010 (NSW) - s 8(1)(c) Cases Cited: X v Sydney Children's Hospitals Specialty Network & Anor [2011] NSWSC 1272 Category: Consequential orders Parties: - "X" (Plaintiff) - Sydney Children's Hospitals Specialty Network (Randwick and Westmead) (Incorporating The Royal Alexandra Hospital for Children) (First Defendant) - Dr Brian Kearney (Second Defendant) Representation: Counsel: - K.M. Connor SC (Plaintiff) - S.A. Woods (First Defendant) - Mention by First Defendant (Second Defendant) Solicitors: Paul A. Curtis & Co (Plaintiff) GILD Insurance Litigation (First Defendant) Blake Dawson (Second Defendant) File Number(s): 2002/069388 Publication restriction: Suppression order in respect of Plaintiff