Latimer v Day [2015] NSWSC 11

Supreme Court New South Wales

Medium Neutral Citation: Latimer v Day [2015] NSWSC 11 Hearing dates: 21 January 2015 Date of orders: 23 January 2015 Decision date: 23 January 2015 Jurisdiction: Common Law Before: Davies J Decision: 1. The defendant is excused from complying with the provisions of UCPR r 31.10(1).

2. The publication of these Orders made on this application, the application itself, the affidavit of Paul Baram dated 21 January 2015 and any transcript of the hearing of the application are suppressed, until the showing or the tender by the defendant of each of the said prescribed items at hearing, subject to and without precluding the defendant from utilising each of the said prescribed items in the course of the hearing to show or to tender the images stored digitally in Exhibit DVD #1, Exhibit DVD #2, Exhibit DVD #3 and Exhibit DVD #4 to a witness.

3. Subject to the right of the defendant to utilise the said prescribed items in Order 2 above in the course of the hearing as stated in Order 2 above:

a. the Orders, documents and evidence relating to this application be sealed in an envelope marked "Confidential: Order pursuant to UCPR r 31.10- not to be opened nor contents disclosed without 24 hours' notice in writing to the defendant and thereafter only upon an Order of the Court, including not to be disclosed to the plaintiff or the plaintiff's legal representatives at the commencement of the hearing listed to commence on 16 February 2015" and b. the said material in Order 3(a) above is not to be disclosed until further Order by the Court, which shall not be made without 24 hours' notice in writing to the defendant of such intended disclosure and shall not be disclosed to the plaintiff or the plaintiffs legal representatives at the commencement of the hearing listed to commence on 16 February 2015.