Smith v Blanch - [2025] NSWCA 124

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Smith v Blanch [2025] NSWCA 124
Hearing dates: 2 June 2025
Date of orders: 2 June2025
Decision date: 05 June 2025
Before: Adamson JA
Decision:
(1) Order pursuant to s 7(a) and (c) of the Court Suppression and Non-publication Orders Act 2010 (NSW) (the Act) and upon the grounds that:
(a)   the order is necessary to protect prejudice to the proper administration of justice (s 8(1)(a) of the Act); and/or
(b)   the order is necessary to protect the safety of Stephanie Blanch (s 8(1)(c) of the Act).
there be no publication or disclosure of information that identifies or tends to identity the employment, occupation, residential address or financial position of Stephanie Blanch.
(2)   Order, on the same basis as order (1) that there be no publication, other than to the parties’ legal advisers, of the following parts of the affidavit of Stephanie Blanch affirmed 29 May 2025:
(a)   her address;
(b)   her occupation;
(c)   paragraph 11 except for the first five words;
(d)   all of paragraph 13;
(e)   all of paragraph 15; and
(f)   Annexures A and B.
(3) Order, pursuant to s 12 of the Act that orders (1) and (2) apply for a period of 2 years from the date of these orders and throughout the Commonwealth of Australia.
(4)   Grant leave to the first respondent to amend her notice of motion filed 19 May 2025 (the motion) by:
(a)   substituting “16 May 2025” with “29 May 2025” in prayer 2; and
(b)   substituting “s 8(1)(a), (c) and (d)” with “s 8(1)(a) and (c).
(5)   Refuse the applicant’s (the respondent to the motion) application for an adjournment in respect of prayer 3 of the motion filed 19 May 2025.
(6) Specify, pursuant to r 42.4(1) of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR), and subject to r 42.4(2) of the UCPR, that the maximum costs that may be recovered by the applicant, Kirralee Smith, from the respondent, Stephanie Blanch, is nil.
(7)   Extend the time within which the applicant is file and serve any submissions in reply, as set out in order 4 of the orders dated 22 April 2025, to 10 June 2025.
(8)   Make no order as to the costs of the motion.

Catchwords:
CIVIL PROCEDURE — suppression and non-publication — interlocutory issues — suppression orders — transgender woman — targeted by activist — Binary Australia — order sought suppressing information concerning employment, occupation, residential address and financial position — whether order “necessary to protect the safety of any person” — whether order “necessary to prevent prejudice to the proper administration of justice” — Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8
COSTS — application for protective costs order — appellant seeking capped costs — protective costs order made — factors to consider in making protective costs order — whether first respondent brought application in the public interest — protective costs order made — Uniform Civil Procedure Rules 2005 (NSW), r…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Smith v Blanch

Details

AGLC: Smith v Blanch [2025] NSWCA 124
Case: [2025] NSWCA 124
Decision Date: 05 June 2025

CaseChat Overview and Summary

In Smith v Blanch, the Court of Appeal of New South Wales considered an application by Stephanie Blanch for suppression and non-publication orders concerning information relating to her employment, occupation, residential address, and financial position. Ms Blanch, a transgender woman, sought these orders on the basis that she had been targeted by an activist group, Binary Australia, and that disclosure of this information would prejudice the proper administration of justice and endanger her safety. The court also considered an application by Ms Blanch for a protective costs order.

The primary legal issues before the court were whether the proposed suppression and non-publication orders were "necessary to protect the safety of any person" or "necessary to prevent prejudice to the proper administration of justice" under sections 7 and 8 of the Court Suppression and Non-publication Orders Act 2010 (NSW). Additionally, the court had to determine the factors relevant to making a protective costs order under rule 42.4(1) of the Uniform Civil Procedure Rules 2005 (NSW), specifically whether Ms Blanch's application was brought in the public interest.

The court reasoned that the orders were necessary to protect Ms Blanch's safety and to prevent prejudice to the proper administration of justice, given the evidence of her being targeted. Consequently, the court made orders pursuant to sections 7(a) and (c) and 8(1)(a) and (c) of the Act, prohibiting the publication or disclosure of information identifying Ms Blanch's employment, occupation, residential address, or financial position. These orders were to apply for a period of two years throughout Australia. The court also granted leave to Ms Blanch to amend her notice of motion and refused the applicant's request for an adjournment.

Furthermore, the court made a protective costs order pursuant to rule 42.4(1) of the UCPR, specifying that the maximum costs recoverable by the applicant, Kirralee Smith, from the respondent, Stephanie Blanch, was nil. The court also extended the time for the applicant to file submissions in reply and made no order as to the costs of the motion.

Orders

Orders of the court

(1) Order pursuant to s 7(a) and (c) of the Court Suppression and Non-publication Orders Act 2010 (NSW) (the Act) and upon the grounds that:

(a) the order is necessary to protect prejudice to the proper administration of justice (s 8(1)(a) of the Act); and/or

(b) the order is necessary to protect the safety of Stephanie Blanch (s 8(1)(c) of the Act).

there be no publication or disclosure of information that identifies or tends to identity the employment, occupation, residential address or financial position of Stephanie Blanch.

(2) Order, on the same basis as order (1) that there be no publication, other than to the parties’ legal advisers, of the following parts of the affidavit of Stephanie Blanch affirmed 29 May 2025:

(a) her address;

(b) her occupation;

(d) all of paragraph 13;

(e) all of paragraph 15; and

(f) Annexures A and B.

(3) Order, pursuant to s 12 of the Act that orders (1) and (2) apply for a period of 2 years from the date of these orders and throughout the Commonwealth of Australia.

(4) Grant leave to the first respondent to amend her notice of motion filed 19 May 2025 (the motion) by:

(a) substituting “16 May 2025” with “29 May 2025” in prayer 2; and

(b) substituting “s 8(1)(a), (c) and (d)” with “s 8(1)(a) and (c).

(5) Refuse the applicant’s (the respondent to the motion) application for an adjournment in respect of prayer 3 of the motion filed 19 May 2025.

(6) Specify, pursuant to r 42.4(1) of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR), and subject to r 42.4(2) of the UCPR, that the maximum costs that may be recovered by the applicant, Kirralee Smith, from the respondent, Stephanie Blanch, is nil.

(7) Extend the time within which the applicant is file and serve any submissions in reply, as set out in order 4 of the orders dated 22 April 2025, to 10 June 2025.

(8) Make no order as to the costs of the motion.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Smith v Blanch [2025] NSWCA 124
Hearing dates:	2 June 2025
Date of orders:	2 June2025
Decision date:	05 June 2025
Before:	Adamson JA
Decision:	(1) Order pursuant to s 7(a) and (c) of the Court Suppression and Non-publication Orders Act 2010 (NSW) (the Act) and upon the grounds that: (a) the order is necessary to protect prejudice to the proper administration of justice (s 8(1)(a) of the Act); and/or (b) the order is necessary to protect the safety of Stephanie Blanch (s 8(1)(c) of the Act). there be no publication or disclosure of information that identifies or tends to identity the employment, occupation, residential address or financial position of Stephanie Blanch. (2) Order, on the same basis as order (1) that there be no publication, other than to the parties’ legal advisers, of the following parts of the affidavit of Stephanie Blanch affirmed 29 May 2025: (a) her address; (b) her occupation; (c) paragraph 11 except for the first five words; (d) all of paragraph 13; (e) all of paragraph 15; and (f) Annexures A and B. (3) Order, pursuant to s 12 of the Act that orders (1) and (2) apply for a period of 2 years from the date of these orders and throughout the Commonwealth of Australia. (4) Grant leave to the first respondent to amend her notice of motion filed 19 May 2025 (the motion) by: (a) substituting “16 May 2025” with “29 May 2025” in prayer 2; and (b) substituting “s 8(1)(a), (c) and (d)” with “s 8(1)(a) and (c). (5) Refuse the applicant’s (the respondent to the motion) application for an adjournment in respect of prayer 3 of the motion filed 19 May 2025. (6) Specify, pursuant to r 42.4(1) of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR), and subject to r 42.4(2) of the UCPR, that the maximum costs that may be recovered by the applicant, Kirralee Smith, from the respondent, Stephanie Blanch, is nil. (7) Extend the time within which the applicant is file and serve any submissions in reply, as set out in order 4 of the orders dated 22 April 2025, to 10 June 2025. (8) Make no order as to the costs of the motion.
Catchwords:	CIVIL PROCEDURE — suppression and non-publication — interlocutory issues — suppression orders — transgender woman — targeted by activist — Binary Australia — order sought suppressing information concerning employment, occupation, residential address and financial position — whether order “necessary to protect the safety of any person” — whether order “necessary to prevent prejudice to the proper administration of justice” — Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8 COSTS — application for protective costs order — appellant seeking capped costs — protective costs order made — factors to consider in making protective costs order — whether first respondent brought application in the public interest — protective costs order made — Uniform Civil Procedure Rules 2005 (NSW), r…