Ashton v Pratt

In the matter of Ashton v Pratt, the applicant, Ms Ashton, sought an order for the proceedings to be conducted in private and for a suppression order to be made in relation to evidence given by her. The dispute revolves around a defamation claim brought by the defendant, Mr Pratt, against a third party, which indirectly implicates Ms Ashton. The application was heard in the Equity Division of the Supreme Court of New South Wales. The core legal issues before the court were whether the proceedings should be conducted in private and whether a suppression order should be imposed under the Court Suppression and Non-publication Orders Act 2010 (NSW).

The court found that the proceedings should not be conducted in private, as the Equity Division applies the same rules of open justice as the Common Law Division. Furthermore, the court held that the application under Civil Procedure Act 2005 s 71(b) (NSW) was not applicable since it is concerned with situations where public proceedings would practically defeat or circumvent relief sought, and the applicant was not a party to the proceedings. The court also determined that the more stringent test imposed by the Court Suppression and Non-publication Orders Act 2010 (NSW) was not satisfied, as the evidence in question was gratuitous and not pressed. The mere possibility that children of persons involved in the proceedings might be subject to disadvantage when their parents are mentioned was not sufficient to justify intruding on the principle of open justice.

As a result, the court dismissed the application for proceedings to be conducted in private and for a suppression order to be made. The defamation case between Mr Pratt and the third party will proceed in open court, in line with the principle of open justice. The decision underscores the importance of maintaining open court proceedings, even when non-parties are indirectly implicated, unless there are compelling reasons to deviate from this principle.