Commissioner of Police New South Wales v Nationwide News Pty Ltd

The Commissioner of Police, New South Wales, appealed to the Court of Appeal of New South Wales against orders made by Hall J. The dispute concerned an application for a non-publication order in respect of certain parts of a trial transcript, with Nationwide News Pty Ltd being the respondent.

The Court of Appeal was required to determine whether the Supreme Court possessed the inherent jurisdiction to make a non-publication order, and if so, on what grounds such an order could be made. Specifically, the court had to consider whether the public interest in maintaining the integrity of police investigations and the safety of officers outweighed the principle of open justice, particularly where the information in question had already been disclosed in open court.

The Court of Appeal reasoned that the Supreme Court's inherent jurisdiction extended to making non-publication orders to prevent a real risk of prejudice to the administration of justice or the safety of individuals. The court applied the principle of balancing the public interest in open justice against other competing public interests, such as the effective functioning of the criminal justice system and the protection of police officers. In this instance, the court found that certain passages of the trial transcript posed a real risk if not subject to a non-publication order.

Consequently, the Court of Appeal granted leave to appeal and varied Hall J's orders by making a non-publication order in respect of specific passages of the trial transcript. The court also directed that there be no publication of the unredacted version of its own reasons for judgment, and the interim order was to continue until a specified date. The appeal was otherwise dismissed.