McGinn v Cranbrook School (No 2) [2015] NSWSC 1485

Supreme Court New South Wales

Medium Neutral Citation: McGinn v Cranbrook School (No 2) [2015] NSWSC 1485 Hearing dates: 2 & 8 October 2015 Date of orders: 08 October 2015 Decision date: 08 October 2015 Jurisdiction: Common Law Before: Hall J Decision: An Order made that the proceedings on the summons filed on 22 July 2015, including the pleadings, affidavits, transcript and the Reasons for Judgment delivered on 2 October 2015, be suppressed pursuant to sections 7 and 8 of the Court Suppression and Non-publication Orders Act 2010.

The Order is to operate throughout the Commonwealth of Australia and is to continue to operate until further order of the Court.

The Suppression Order does not apply to this judgment Catchwords: PROCEDURE – civil – application for strike out or summary dismissal – whether proceedings were frivolous or vexatious – whether pleadings disclosed reasonable cause of action – no reasonable cause of action disclosed – proceedings summarily dismissed pursuant to UCPR r 13.4(1)

SUPPRESSION ORDERS – previous judgment in proceedings suppressed until date of adjourned hearing under Courts Suppression and Non-Publication Orders Act 2010 – reasons for suppression – further suppression order under s 8 of the Act made to continue until further order – consideration of what interests of justice required in the circumstances of the case – the need to protect the interest of an under-aged person (a minor) against direct or indirect identification through publication of the proceedings constituted an interest that outweighed the open-justice-principle Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 Cases Cited: Rinehart v Welker [2011] NSWCA 403 Category: Consequential orders (other than Costs) Parties: Sophia McGinn (Plaintiff) Cranbrook School (Defendant) Representation: Counsel: Self-Represented (Plaintiff) J Watson; R May (Defendant) A Dawson (Defendant)