Exley v NZME Publishing Limited

[2023] NZSC 136

NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. SEE

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 76/2023
 [2023] NZSC 136

BETWEEN	DAMON EXLEY Applicant
AND	NZME PUBLISHING LIMITED First Respondent
THE KING Second Respondent

Court:	Glazebrook, O’Regan and Ellen France JJ
Counsel:	L C Ord, S S Pohiva and E T Blincoe for Applicant T C Goatley and K M Wilson for First Respondent M J Lillico for Second Respondent
Judgment:	19 October 2023

JUDGMENT OF THE COURT

ALeave to appeal is granted (NZME Publishing Ltd v E [2023] NZCA 258).

BThe approved question is whether the Court of Appeal was correct to quash the High Court takedown order.

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REASONS

1. This Court issued a judgment in July 2023 partially suspending the operation of the Court of Appeal’s order quashing the High Court’s takedown order until the applicant’s application for leave to appeal could be dealt with.[1]  The applicant’s trial has since concluded.  As a result, the question of the takedown order has become moot in this particular case.  We nonetheless consider that it raises a point of public importance and, as such, leave to appeal has been granted.

   [1]E (SC 76/2023) v NZME Publishing Ltd [2023] NZSC 85 (Glazebrook, O’Regan and Ellen France JJ).

Solicitors:
Ord Legal, Wellington for Applicant
Bell Gully, Auckland for First Respondent
Crown Law Office, Wellington for Second Respondent