AB v Curry & Anor (No. 3) [2015] NSWSC 1677

Supreme Court New South Wales

Medium Neutral Citation: AB v Curry & Anor (No. 3) [2015] NSWSC 1677 Hearing dates: 23 October 2015 Decision date: 23 October 2015 Jurisdiction: Equity Before: White J Decision: Refer to para [34] of judgment. Catchwords: PRACTICE AND PROCEDURE – suppression and non-publication orders – redaction of Court's published reasons for decision – identification of complainant in sexual abuse offence proceedings – plaintiff had adduced evidence relating to her physical and sexual abuse while in foster care in support of her family provision application – no suppression or non-publication orders were sought at trial – plaintiff sought removal or redaction of Court's reasons after they had been published – reasons identified the plaintiff and the circumstances surrounding her foster care, but not the alleged offender – where police are investigating the plaintiff's allegations of abuse, but no criminal proceedings have been commenced – where defendants' counsel published a copy of the Court's reasons on his website – whether it is necessary to remove or redact the Court's reasons in order to prevent prejudice to the proper administration of justice – consideration of principles of open justice – consideration of the policy underlying s 578A of the Crimes Act 1900 (NSW) in relation to publication of information identifying complainants in sexual abuse offence proceedings – held, allowing the application in part and ordering the removal of the Court's reasons and their replacement with redacted reasons, that while s 578A does not apply, the policy underlying that section informs what is necessary for the proper administration of justice Legislation Cited: Children (Care and Protection) Act 1987 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Court Suppression and Non-Publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW) Royal Commissions Act 1923 (NSW) Cases Cited: D1 v P1 (No 2) [2012] NSWCA 440 John Fairfax & Sons Ltd v Police Tribunal (NSW) (1986) 5 NSWLR 465 John Fairfax Publications Pty Ltd v District Court of New South Wales [2004] NSWCA 324; (2004) 61 NSWLR 344 Rinehart v Welker [2011] NSWCA 403 Category: Procedural and other rulings Parties: AB (Plaintiff) Aileen Esme Curry (1st Defendant) Juliet Anna Greentree (2nd Defendant) Representation: Counsel: In person via telelink L Clarke (Defendants)