Andrew O’Brien KC (leading A Campbell) represented the second applicants, instructed by Bartley Cohen.
‘ABC’ allegedly attempted to extort his former spouse (‘the complainant’), seeking to have her accept $15,000 less than the previously agreed property settlement sum, by threatening to expose that the complainant had previously been in a relationship with a married man (‘MM’). ABC was subsequently charged with the offence of extortion. A Magistrate made non-publication orders precluding the publication of information that could tend to identify ABC, the complainant and MM in connection with the proceeding.
Media outlets argued the non-publication order should not have extended to MM. They applied, by way of judicial review, for orders quashing the Magistrate’s decision and declaring it invalid. Their central argument was that the law does not permit non-publication orders to extend to other persons to whom the threat relates other than the complainant.
Henry J dismissed the application, holding it was open to the Magistrate to conclude that a non-publication order was necessary to prevent the publication of information which, in connection with the case, would lead to the identification not only of the complainant, but of MM as well.
The judgment can be read by clicking here
