AD v Morrison [2013] NSWSC 625

Supreme Court New South Wales

Medium Neutral Citation: AD v Morrison [2013] NSWSC 625 Hearing dates: 22 May 2013 Decision date: 22 May 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. Leave to the Plaintiff to file a further Amended Summons with respect to the name of the Plaintiff. 2. Orders as per Plaintiff's Amended SMO in the following terms: Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) (the Act): (a) restrict the disclosure of information concerning the identification of the Plaintiff's three children; (b) prohibit the publication of information identifying the Plaintiff's three children or any information concerning the evidence given in the Local Court proceedings that might tend to identify those persons; and (c) prohibit the publication of the making of this application as far as the Plaintiff's children are concerned. (3) In accordance with s 8 of the Act, the ground upon which the orders are made is that it is in the public interest for the order to be made and that public interest significantly outweighs the public interest in open justice. (4) In accordance with s 11 of the Act these orders apply throughout the Commonwealth. (5) I make an interim order under s 10 of the Act in respect of the identity of the Plaintiff and his wife for a period of fourteen days or if any appeal is instituted in that time until the conclusion of the appeal subject to any order that the Court of Appeal itself may make. Catchwords: PROCEDURE - suppression orders sought - administrative law proceedings - certiorari sought against magistrate's judgment on costs of Apprehended Domestic Violence proceedings - whether identity of Plaintiff and his family should be suppressed - distinction between children and adults in the litigation Legislation Cited: Court Suppression and Non-publication Orders Act 2010 Crimes (Domestic And Personal Violence) Act 2007 Category: Interlocutory applications Parties: AD (Plaintiff) Kimberley Michelle Morrison (First Defendant) The Local Court of NSW (Second Defendant) Representation: Counsel: S Beckett (Plaintiff) Mentioned by S Beckett (First Defendant) Submitting Appearance (Second Defendant) Solicitors: Henry Davis York (Plaintiff) McGirr Lawyers (First Defendant) Crown Solicitors Office (Second Defendant) File Number(s): 2013/108970