Krishnan v Estee Lauder Pty Ltd (No 3)

FEDERAL COURT OF AUSTRALIA

Krishnan v Estee Lauder Pty Ltd (No 3) [2022] FCA 275

File number:

WAD 156 of 2021

Judgment of:

BANKS-SMITH J

Date of judgment:

28 February 2022

Date of publication of reasons:

24 March 2022

Catchwords:

PRACTICE AND PROCEDURE - application for suppression or non-publication orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) - identification of name and address of applicant - identification of personal or financial information - whether order necessary to prevent prejudice to the proper administration of justice or to protect the safety of any person - application dismissed

Legislation:

Federal Court of Australia Act 1976 (Cth) ss 37AA, 37AE, 37AF, 37AG

Federal Court Rules 2011 (Cth) rr 2.16, 2.32, 11.01

Cases cited:

AB (A Pseudonym) v R (No 3) [2019] NSWCCA 46; (2019) 97 NSWLR 1046

Hogan v Australian Crime Commission [2010] HCA 21; (2010) 240 CLR 651

Huikeshoven v Secretary, Department of Education, Skills and Employment [2021] FCA 1359

Krishnan v Estee Lauder Pty Ltd [2022] FCA 273

Division:

General Division

Registry:

Western Australia

National Practice Area:

Commercial and Corporations

Sub-area:

Regulator and Consumer Protection

Number of paragraphs:

17

Date of hearing:

28 February 2022

Counsel for the Applicant:

The Applicant appeared in person

Counsel for the Respondent:

Mr D Larish

Solicitor for the Respondent:

Baker McKenzie

ORDERS

WAD 156 of 2021

BETWEEN:

MEENAKSHI KRISHNAN

Applicant

AND:

ESTEE LAUDER PTY LTD (ACN 008 444 719)

Respondent

ORDER MADE BY:	BANKS-SMITH J
DATE OF ORDER:	28 FEBRUARY 2022

THE COURT ORDERS THAT:

1.The application for non-publication or suppression orders is dismissed.

2.No order as to costs.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

BANKS-SMITH J:

1. The applicant, Ms Krishnan, commenced these proceedings in June 2021.

2. In reasons published in Krishnan v Estee Lauder Pty Ltd [2022] FCA 273 I set out the nature of the claim brought by Ms Krishnan against the respondent (primary reasons).

3. In short, Ms Krishnan commenced these proceedings seeking relief arising out of her purchase of certain beauty products in circumstances where the advertised ingredients did not align with the ingredients in the products purchased.

4. From time to time Ms Krishnan has informally requested that the Court make suppression or non-publication orders.  In correspondence with chambers she sought non-disclosure of her 'full name, home address, date of birth, age, financial situation, personal and family life'.  Having given her prior notice, I required Ms Krishnan to formally make an application at a hearing on 28 February 2022.  The respondent did not seek to make submissions about the application.

5. I dismissed the application and explained briefly at the hearing why I had come to that decision.  These are my reasons for doing so.

6. The only reason put forward by Ms Krishnan in support of an application for suppression was that the proceedings were causing anxiety and that she was receiving medical treatment for anxiety.  In letters to…