Fairfax Digital Australia and New Zealand Pty Ltd v District Court of New South Wales

Fairfax Digital Australia and New Zealand Pty Ltd sought judicial review in the Supreme Court of New South Wales concerning suppression orders made by the District Court of New South Wales in its criminal jurisdiction. The applicant, Fairfax, contended that the District Court had erred in making these orders.

The primary legal issues before the Supreme Court were whether its supervisory jurisdiction under s 69 of the *Supreme Court Act 1970* (NSW) was properly invoked, given the availability of a statutory right of appeal under s 14 of the *Court Suppression and Non-publication Orders Act 2010* (NSW), and whether the application should be dismissed on that basis. The Court also considered the appropriate appellate pathway for such suppression orders.

The Court reasoned that s 14 of the *Court Suppression and Non-publication Orders Act 2010* provided a specific statutory right of appeal from suppression orders made in the District Court to the Court of Appeal. Consequently, the supervisory jurisdiction of the Supreme Court under s 69 of the *Supreme Court Act 1970* was not the appropriate avenue for challenging these orders. The Court held that where a specific statutory right of appeal exists, the supervisory jurisdiction should not be invoked as a substitute.

The Supreme Court dismissed the application, both in so far as it sought leave to appeal and in so far as it sought relief under s 69 of the *Supreme Court Act 1970*. No order was made as to the costs of the proceedings in the Supreme Court.