Knight v DS [2016] NSWSC 1516

Supreme Court New South Wales

Medium Neutral Citation: Knight v DS [2016] NSWSC 1516 Hearing dates: 27 October 2016 Date of orders: 27 October 2016 Decision date: 27 October 2016 Jurisdiction: Common Law Before: Schmidt J Decision: (1) In order to prevent prejudice to the proper administration of justice and in the public interest, under s 8(1)(a) of the Court Suppression and Non Publication Orders Act 2010 (NSW), until further order the defendant shall be referred to as "DS". (2) The reasons for the order are to prevent prejudice to the proper administration of justice, by ensuring that orders earlier made during a criminal trial about matters which have now become the subject of these civil proceedings, are not inadvertently circumvented by steps taken in respect of these proceedings. Catchwords: PROCEDURE - Court Suppression and Non Publication Order made

PROCEDURE – pro bono referral sought – order made Legislation Cited: Court Suppression and Non Publication Orders Act 2010 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural and other rulings Parties: Liam Lee Knight (Plaintiff) DS (First Defendant) Jimmy Angelo Tupou (Second Defendant) Representation: DS, unrepresented (First Defendant) File Number(s): 2016/3482 Publication restriction: Nil

Judgment 1. Today the first defendant, who is held in custody in a Juvenile Detention Centre, came before me by AVL link, sitting as duty judge, seeking orders for referral for pro bono legal assistance under the Uniform Civil Procedure Rules 2005 (NSW). 2. The first defendant was unrepresented and there was no appearance for any other party. There was a question as to suppression orders which the first defendant confirmed had been made in relation to his name, during a criminal trial conducted in open court about matters which have now become the subject of these civil proceedings. 3. In the circumstances, in the absence of any other assistance, I concluded that while the defendant is now no longer a juvenile, the proper course in order to ensure that suppression orders earlier made during the criminal trial are not inadvertently circumvented by steps taken in respect of these proceedings, was to order that until further order, the defendant should be referred to only by his initials. 4. In the circumstances disclosed on the first defendant's affidavit, for reasons then given, I also referred him for pro bono legal assistance under the Rules. 5. Accordingly, I order that: 1. In order to prevent prejudice to the proper administration of justice and in the public interest, under s 8(1)(a) of the Court Suppression and Non Publication Orders Act 2010 (NSW), until further order the defendant shall be referred to as "DS". 2. The reasons for the order are to prevent prejudice to the proper administration of justice, by ensuring that orders earlier made during a criminal trial about matters which have now become the subject of these civil proceedings, are not inadvertently circumvented by steps taken in respect of these proceedings.