Wilson v Basson [2020] NSWSC 512

Supreme Court New South Wales

Medium Neutral Citation: Wilson v Basson [2020] NSWSC 512 Hearing dates: 4 May 2020 Date of orders: 08 May 2020 Decision date: 08 May 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Until further order of the Court, order pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) (the Act), on the grounds set out in s 8(1)(a) and (c) of that Act, prohibiting the publication or disclosure of any information that reveals or tends to reveal the fact that the defendant has given evidence under a pseudonym in earlier criminal proceedings in this Court. 2. Until further order of the Court, order pursuant to s 7 of the Act, on the grounds set out in s 8(1)(a) and (c) of the Act, prohibiting the publication of any information that reveals or tends to reveal the defendant's former identity, including, but is not limited to: (a) the defendant's former name; (b) the details of the defendant's former professional career, other than the fact that the defendant is a retired barrister; and (c) the present address of the defendant. 3. Liberty to apply to make any application for further or consequential orders under the Act. 4. Pursuant to ss 11 and 12 of the Act, orders 1 and 2 above are to apply throughout the Commonwealth of Australia while these proceedings are on foot and continue thereafter until further order of the Court. 5. Each party bear its own costs of the notice of motion filed 3 April 2020. Catchwords: CIVIL PROCEDURE — Hearings — Suppression and non-publication — Orders Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 Contracts Review Act 1980 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW), ss 6, 7, 8, 9 Cases Cited: AB (A Pseudonym) v R (No 3) (2019) 97 NSWLR 1046; [2019] NSWCCA 46 AB v CD (2018) 93 ALJR 59; [2018] HCA 58 AB v CD (2019) 93 ALJR 321; [2019] HCA 6 Australian Broadcasting Commission v Parish (1980) 43 FLR 129; [1980] FCA 33 Brown (A Pseudonym) v R (No 2) [2019] NSWCCA 69 Commissioner of Police New South Wales v Nationwide News Pty Ltd (2008) 70 NSWLR 643; [2007] NSWCA 366 Commissioner of the Australian Federal Police v Zhao (2015) 255 CLR 46; [2015] HCA 5 D1 v P1 [2012] NSWCA 314 Fairfax Digital Australia and New Zealand Pty Ltd v Ibrahim (2012) 83 NSWLR 52; [2012] NSWCCA 125 Hamzy v R [2013] NSWCCA 156 Hogan v Australian Crime Commission (2010) 240 CLR 651; [2010] HCA 21 HT v R (2019) 374 ALR 216; [2019] HCA 40 John Fairfax & Sons Ltd v Police Tribunal of New South Wales (1986) 5 NSWLR 465 John Fairfax Group Pty Ltd v Local Court of New South Wales (1991) 26 NSWLR 131 John Fairfax Publications v District Court of New South Wales (2004) 61 NSWLR 344; [2004] NSWCA 324 NSW v Kay [2017] NSWSC 274 Prothonotary of the Supreme Court of New South Wales v Dowling (No 6) [2018] NSWSC 1715 R v AB (2018) 97 NSWLR 1015; [2018] NSWCCA 113 R v Kwok; R v Ong; R v Tan; R v Yoe (2005) 64 NSWLR 335; [2005] NSWCCA 245 Rinehart v Welker (2011) 93 NSWLR 311; [2011] NSWCA 403 Roberts-Smith v Fairfax Media Publications Pty Ltd [2019] FCA 36 Scott v Scott [1913] AC 417 Wilson v Basson [2019] NSWSC 1449 Category: Procedural and other rulings Parties: Jessica May Wilson (Plaintiff) Mary Jane Basson (Defendant) Representation: Counsel: E W Young (Plaintiff) D Pritchard SC with A Macauley (Defendant)