R v Perish; R v Lawton; R v Perish
[2011] NSWSC 1110
•17 February 2011
Supreme Court
New South Wales
Medium Neutral Citation: R v PERISH; R v LAWTON; R v PERISH [2011] NSWSC 1110 Hearing dates: 16 February 2011 Decision date: 17 February 2011 Jurisdiction: Common Law - Criminal Before: Price J Decision: The application made by Nationwide News Pty Limited, News Digital Media Pty Limited and Fairfax Media Publications Pty Limited that the orders made on 2 and 3 February 2011 be vacated , is dismissed
Catchwords: CRIMINAL LAW - jurisdiction - practice and procedure - internet take down orders - non publication orders Category: Interlocutory applications Parties: Crown
Nationwide News Pty Limited (First Applicant)
News Digital Media Pty Limited (Second Applicant)
Fairfax Media Publications Pty Limited (Third Applicant)
Age Newpapers Limited (Fourth Applicant)
Fairfax Digital Limited (Fifth Applicant)
Anthony John Michael Perish (Accused)
Matthew Robert Lawton (Accused)
Andrew Michael Perish (Accused)Representation: D R Sibtain (Applicants)
P A Leask (Crown)
C A Davenport SC (Anthony Perish)
S Hanley SC (Matthew Lawton)
W Terracini SC with J Trevallion (Andrew Perish)
Blake Dawson (Applicants)
Director of Public Prosecutions (Crown)
William O'Brien & Ross Hudson Solicitors (Anthony Perish)
Matouk Joyner Lawyers (Matthew Lawton)
Archbold Legal Solutions (Andrew Perish)
File Number(s): 2009/148002 2009/145260
Judgment
Counsel for the applicants submitted that the order proposed might create difficulties for his clients in that, in its terms, the order might create uncertainty for them. He provided as an example that Nationwide News might publish a matter if it has a subscription arrangement or an arrangement whereby a third party extracts and uploads the material itself. I accept that to widen the ex parte orders might have unintended consequences and create uncertainty. For the reasons enunciated yesterday, I make the following orders:
(1) The application made by Nationwide News Pty Limited, News Digital Media Pty Limited and Fairfax Media Publications Pty Limited that the orders made on 2 and 3 February 2011 be vacated, is dismissed.
(2) In the application of the accused Anthony Perish:
(a) I order that the article from the Daily Telegraph entitled 'Grandson seized over chopped body in restaurant raid' dated 20 January 2009 and the article from the Daily Telegraph entitled 'New murder charge for Anthony Perish a farce' dated 29 January 2009 be immediately removed from the Daily Telegraph website 'dailytelegraph.com.au' in New South Wales and not be published on the internet by Nationwide News Pty Limited until after the trial and verdict in the matter of R v Anthony Perish or further order.
(b) I order that the article from the Sydney Morning Herald entitled 'Anthony Perish to face murder charge' dated 29 January 2009 be immediately removed from the Sydney Morning Herald website 'smh.com.au' and not be published in New South Wales on the internet by Fairfax Media Publications Pty Limited until after the trial and verdict in the matter of R v Anthony Perish or further order.
(c) I order that the article from The Australian entitled 'Murder of Bikie Gregory Haystacks McDonald leads to trail of killings' dated 21 February 2009 be immediately removed from The Australian website 'theaustralian.com.au' and not be published on the internet in New South Wales by Nationwide News Pty Limited until after the trial and verdict in the matter of R v Anthony Perish or further order.
(d) I order that the article from The Age entitled 'Man admits two shootings, kidnapping' dated 4 June 2009 be immediately removed from The Age website 'theage.com.au' and not be published on the internet in New South Wales by Fairfax Media Publications Pty Limited until after the trial and verdict in the matter of R v Anthony Perish or further order.
(e) I grant liberty to the parties to apply on short notice.
(3) In the application of the accused Andrew Perish
(a) I order that the article entitled 'Jail bird brother Andrew Perish charged on murder plot' dated 5 February 2009 from The Daily Telegraph be immediately removed from the website 'news.com.au' and not be published on the internet in New South Wales by News Digital Media Pty Limited until after the trial and verdict in the matter of R v Andrew Perish or further order.
(b) I order that the article entitled 'A tangled web of murders and deadly plots' dated 22 January 2009 be immediately removed from the website 'smh.com.au' and not be published on the internet in New South Wales by Fairfax Media Publications Pty Limited until after the trial and verdict in the matter of R v Andrew Perish or further order.
(c) I order that the article 'Couple's murder tied to bikie death' dated 25 May 2008 be immediately removed from the websites 'smh.com.au' and not be published on the internet in New South Wales by Fairfax Media Publications Pty Limited until after the trial and verdict in the matter of R v Andrew Perish or further order.
(d) I order that the article 'Fourth arrest in Falconer murder' dated 5 February 2009 be immediately removed from the website 'liverpool-leader.whereilive.com.au' and not be published on the internet in New South Wales by News Digital Media Pty Limited until after the trial and verdict in the matter of R v Andrew Perish or further order.
(e) I grant liberty to the parties to apply on short notice.
(4) In the application of the accused Matthew Lawton
(a) I order that the article 'Three to stand trial for Falconer murder' dated 18 June 2010 be immediately removed from the website 'theleader.com.au' and not be published on the internet in New South Wales by Fairfax Media Publications Pty Limited until after the trial and verdict in the matter of R v Matthew Lawton or further order.
(b) I grant liberty to the parties to apply on short notice.
Decision last updated: 15 September 2011
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