Jones v Trad (No 2)

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Jones v Trad (No 2) [2013] NSWCA 415

Hearing dates:

On the papers

Decision date:

05 December 2013

Before:

Ward JA at [1]
Emmett JA at [2]
Gleeson JA at [13]

Decision:

The informal application for redaction of portions of the Court's reasons of 20 November 2013 be rejected.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

PROCEDURE - civil - request for suppression order - whether suppression necessary to prevent prejudice to proper administration of justice - public interest in open justice

Legislation Cited:

Broadcasting Services Act 1992 (Cth)
Court Suppression and Non-publication Orders Act 2010, s 7(b)
Supreme Court Act 1970, s 23

Category:

Procedural and other rulings

Parties:

Alan Jones (First Appellant)
Harbour Radio Pty Ltd (Second Appellant)
Keysar Trad (Respondent)

Representation:

Counsel:
Ms K Eastman SC with T Glover (Appellants)
Ms K Nomchong SC (Respondent)
Solicitors:
Baker & McKenzie (Appellants)
Turner Freeman (Respondent)

File Number(s):

CA 12/335873

 Decision under appeal 

Citation:

Jones & Anor v Trad

Date of Decision:

2012-10-02 00:00:00

Before:

R Madgwick QC, Deputy President; R Perrignon, Judicial Member; E Hayes, Non-Judicial Member

File Number(s):

109004 & 109005

Judgment

1. WARD JA: I agree with Emmett JA.

1. EMMETT JA: In my reasons of 20 November 2013 for concurring in the orders proposed by Ward JA, I summarised relevant provisions of the Services Agreement as described in those reasons. Harbour Radio has now asked, by informal application pursuant to s 7(b) of the Court Suppression and Non-publication Orders Act2010 (the Suppression Act) and s 23 of the Supreme Court Act1970, that references to certain provisions of the Services Agreement be redacted before publication of the reasons of the Court. Under s 23, the Court has all jurisdiction that may be necessary for the administration of justice in New South Wales.

1. Section 7(b) of the Suppression Act relevantly provides that a court may prohibit or restrict the publication or other disclosure of information that comprises evidence or information about evidence given in proceedings before the court. An order made under s 7(b) may be made on grounds permitted by the Act. Section 8 provides that a court may make such an order on one or more of the following grounds:

(a)   the order is necessary to prevent prejudice to the proper administration of justice;

(b)   the order is necessary to prevent prejudice to the interests of the Commonwealth or a State or Territory in relation to national or international security;

(c)   the order is necessary to protect the safety of any person;

(d)   the order is necessary to avoid causing…