Ashton v Pratt (No 2)

The proceeding concerned an application by the second and third respondents for a non-publication order in relation to their names. The application was heard by McColl JA of the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether to grant a non-publication order to protect the identities of the second and third respondents. This required the Court to consider the principles governing the exercise of its discretion to make such orders, particularly in the absence of any question of principle being raised.

McColl JA refused the application for a non-publication order. The Court's reasoning, though not detailed in the provided text, indicates that the threshold for making such an order was not met in this instance, suggesting that the respondents' privacy concerns did not outweigh the public interest in open justice or that no specific legal basis for the order was established.

The application for a non-publication order was therefore refused.