Justice Robert Beech-Jones published a judgment below that says little more than “Decision restricted  NSWSC 406” which is a breach of common law that says judges have to publish written reasons for their judgments.
There are a few clues in the “Catchwords” section which says “DEFAMATION – defamation and injurious falsehood – final injunction – suppression order – ex parte hearing – orders made – no question of principle”. But that is it, no more details.
No applicant’s name and no respondent’s name. If fact, there is no evidence that the respondent even knew about the case as the hearing was an “ex parte” (secret) hearing which means the respondent wasn’t even in court. The judgment is published in full below:
Decision restricted  NSWSC 406 (Click here to see the judgment on the NSW Caselaw website)
The judgment says it was a defamation and injurious falsehood case. Injurious falsehood is in effect a backdoor way a company can sue for defamation. In 2016 Capilano Honey sued me for injurious falsehood and their CEO Ben McKee sued me for defamation.
Without more detail, I would assume that the “Decision restricted  NSWSC 406” judgment was similar to Capilano and Ben McKee’s case against me in that it was a company suing someone for injurious falsehood and an owner/director suing the same person for defamation in the same matter.
Who knows, it could have been Capilano or Kerry Stokes or Seven West Media suing me again and getting orders against me which I don’t know about. Or maybe it was Capilano or Kerry Stokes or Seven West Media suing someone else which they do regularly.
In the video below I expand on this article:
In 2017 Justice Robert Beach-Jones issued suppression orders and non-publication orders against me in a contempt of court matter and he did it at an ex parte (secret) hearing as well. The suppression orders and non-publication orders had no legal basis and they were eventually lifted. (Click here to read more)
So, Justice Robert Beach-Jones does not have a good record for issuing legally justified suppression orders which casts even more doubt about the legality of the suppressed “Decision restricted  NSWSC 406” judgment.
In 2019 Justice Robert Beach-Jones published another judgment that was totally suppressed which has no details as per below. It doesn’t even have catchwords.
Here are a few other recently suppressed judgments:
Decision restricted  NSWSC 1553 – 09 November 2022 – Common Law – Criminal – Justice Anthony Payne (Click here to see)
Decision restricted  NSWSC 1404 – 19 October 2022 – Equity – Justice Patricia Henry (Click here to see)
Decision restricted  NSWSC 1486 – 01 November 2022 – Equity – Justice Patricia Henry (Click here to see)
What is meant to keep judges and courts accountable is published judgments and open courts. But open courts are a waste of time if judgments are suppressed.
The federal Attorney-General Mark Dreyfus has said the National Anti-Corruption Commission, which will almost entirely have secret hearings, will be accountable because it will publish its findings. But there’s nothing to stop the NACC from publishing judgments like the ones above.
Suppressed judgments should be extremely rare and I cannot think of a case that would justify the why the matters above are suppressed with no details. The only conclusion that I can come to is that the judges have been bribed for a dishonest judgment and dodgy court orders.
The contempt most Australian judges have for the law in many cases far outweighs their knowledge of the law.
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