The Age Company Ltd & Ors v Liu [2013] NSWCA 26

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: The Age Company Ltd & Ors v Liu [2013] NSWCA 26 Hearing dates: 20 and 21 September 2012 Decision date: 21 February 2013 Before: Bathurst CJ at [1]; Beazley JA at [107]; McColl JA at [108] Decision: 1 Grant the applicants leave to appeal in respect of Grounds 2 to 9 of the document headed "Second Further Amended Draft Notice of Appeal" which appears behind Tab 3 of the Application Book filed in connection with these proceedings. 2 Direct the applicants to file a Notice of Appeal incorporating these grounds within 7 days of the date hereof. 3 Order that the appeal be dismissed. 4 Order that leave to appeal otherwise be refused. 5 Order that the applicants pay the respondents' costs of the application for leave to appeal and the appeal. [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: CONSTITUTIONAL LAW - implied freedom of communication on matters of government and politics - Uniform Civil Procedure Rules 2005 r 5.2 - power to order disclosure of confidential source - relevance of court's discretion to order disclosure - whether rule effectively burdens freedom - whether rule reasonably appropriate and adapted to legitimate end in manner consistent with maintenance constitutionally prescribed system of government