Minister for Immigration & Ethnic Affairs v Quan, R.G.

[1994] FCA 991

9Lt

JUDGMENT No. ........ ........ .. I ..,,........

NOT FOR DISTRIBUTION

FEDERAI. COURT OF AUSTRALIA

NEW SOUTH WALES REGISTRY	No NG 327 of 1994
GENERAL DIVISION

BETWEEN:

MINISTER FOR IMMIGRATION AND

ETHNIC AFFAIRS

Applicant

AND:

RU GUANG QUAN	and OTHERS
Respondent

CORAPI:	SACKVILLE J.
PLACE :	SYDNEY
DATE :	6 DECEMBER 1994

REASONS FOR JUDGMENT

HIS HONOUR: In this matter I order that the application be

dismissed, the applicant to pay the respondent's costs, and I

publish my reasons. Copies of that will be made available.

RECORDED NOT TRANSCRIBED

HIS HONOUR: I have prepared and published reasons in this

matter. A notice of motion has been filed on behalf of the respondents who have succeeded before me in any event. That notice of motion which has been filed in Court today seeks orders

that the first and second respondents be referred to as Respondent A and Respondent B respectively. I assume that is intended to mean that they be referred to in that form in any publication of the Court's reasons.

The notice of motion also seeks an order that there be no publication of the identity of either the first or second respondents or anything that would tend to identify them. M r Gerogiannis, who appears on behalf of the respondent, initially sought an order that the reasons that I published today be

'confined to the parties. I do not think that that is an

appropriate order. The Court has dealt with the matter and has

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published reasons. Subject to the question of identification,

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it seems to me that the published reasons ought to be available.

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' However, although I am by no means convinced that the appropriate

order will be that the identity of the respondents be suppressed in any publication of the reasons, on an interim basis and particularly having regard to the attitude of the applicant, I

am prepared to make orders. Those orders will be until 5 pm on

Wednesday, 14 December 1994, and I will list the matter at 9.30

am on Wednesday, 14 December to deal with the issue.

The orders that I make are these: that in any publication of the reasons for judgment in this matter or any account of the case, the first and second respondents should be identified only as Respondent A, and Respondent B, respectively. I further order that in any publication relating to the reasons for judgment or

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any account of the case that there be no matter published which identifies either the first or second respondents nor anything which would enable them to be identified. That is a matter, I should make clear, that affects of course not only the parties but anybody outside the parties or their representatives who would seek to publish an account of the case or of the reasons for judgment that have been delivered.

I certify that this and the preceding 2 pages are a true copy of the Reasons for Judgment of the Honourable Justice

Sackville. 1 , .

Associate: A - h . F / *

Dated: 16 December, 1994

Heard:

6 December, 1994

Place:

Sydney

Decision:

6 December, 1994

Appearances:

MS J. Hall of the Australian Government

Solicitor appeared for the applicant.

M r Gerogiannis of the Legal Aid Commission

of N.S.W. appeared for the first and second

respondents.