State of New South Wales v Plaintiff A [2012] NSWCA 248

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Plaintiff A [2012] NSWCA 248 Hearing dates: 10 May 2012 Decision date: 09 August 2012 Before: Beazley JA at [1]; Basten JA at [5]; Hoeben JA at [109] Decision: (1) Dismiss the application for suppression orders in respect of the names of the plaintiff, the legal representatives of the State and the medical practitioners whose names were the subject of non-publication orders in the District Court. (2) Grant the State leave to appeal against the interlocutory judgment in the District Court delivered on 1 July 2011, in respect of each proceeding in that Court. (3) Dismiss the appeals. (4) Order the appellant to pay the respondent's costs in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - civil - appeal from discretionary decision - whether appeal limited by principles in House v The King [1936] HCA 40; 55 CLR 499 - whether Supreme Court Act 1970 (NSW), s 75A confers larger powers on appeal from discretionary decision - whether distinction exists between sentencing and other discretionary decisions - Batistatos v Roads and Traffic Authority of New South Wales [2006] HCA 27; 226 CLR 256 discussed