SG v NSW Crime Commission [2015] NSWSC 881

Supreme Court New South Wales

Medium Neutral Citation: SG v NSW Crime Commission [2015] NSWSC 881 Hearing dates: 2 July 2015 Date of orders: 02 July 2015 Decision date: 02 July 2015 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph 13 Catchwords: PRACTICE AND PROCEDURE - suppression and non-publication orders – orders necessary to protect plaintiff's safety – pseudonym order made - orders made for duration of plaintiff's life Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW) ss 7, 8, 9, 12 Category: Procedural and other rulings Parties: SG (Plaintiff) New South Wales Crime Commission (First Defendant) State of New South Wales (Second Defendant) Representation: Counsel: S Hartford-Davis (Plaintiff)

Solicitors: Laxon Lex Lawyers File Number(s): 2015/194130

Judgment: ex tempore

Introduction 1. The plaintiff seeks leave to file in court a statement of claim (verified by the plaintiff) to commence proceedings against the NSW Crime Commission and the State of New South Wales for damages for breach of agreements said to have been reached with the NSW Crime Commission for monies to be paid to the plaintiff for services he rendered as a police informer over the course of several years. The plaintiff also sought leave to file in Court associated particulars; an affidavit dated 2 July 2015 of John Laxon, the plaintiff's solicitor; and a notice of motion returnable instanter. 2. The notice of motion seeks orders, pursuant to ss 7 and 8(1)(c) of the Court Suppression and Non-Publication Orders Act 2010 (NSW) (the Act), that publication or disclosure of certain matters be prohibited on the ground that suppression and non-publication of such documents and matters are necessary to protect the plaintiff's safety. A pseudonym order is also sought: namely that the plaintiff be assigned the litigation pseudonym "SG". All references to legislative provisions in these reasons are references to the Act, unless otherwise specified.