Christian Congregation of Jehovah’s Witnesses (Australasia) Limited v Royal Commission of Inquiry into Historical Abuse in State Care and in The Care of Faith-Based Institutions - [2024] NZCA 340
Date of Judgment
23 July 2024
Decision
Summary
Civil procedure - interlocutory application - interim relief - publication
Application declined.
This Court dismissed the appellant's appeal on 24 April 2024. The appellant has applied for leave to appeal to the Supreme Court, but that application is yet to be determined. The Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-Based Institutions has since completed its inquiries and its report is scheduled to be tabled in the House of Representatives on Wednesday 24 July 2024. The appellant seeks interim orders pursuant to r 30(2)(b) of the Supreme Court Rules 2004 that a section of the report concerning the Jehovah's Witnesses not be published anywhere (including on the Royal Commission's website) or referred to, or reported on, or disclosed, until the appellant's appeal to the Supreme Court is decided.
Whether the application for interim relief should be granted? Held: No.
The proposed orders can be seen as necessary to preserve the appellant's position. However, interim relief would not be appropriate in this case. The appellant's prospects of success on the appeal to the Supreme Court are low. The finalisation and publication of the report is a matter of considerable public interest. The appellant has delayed significantly in making this application.
The form of the orders sought raise significant comity issues.
Application declined.
This Court dismissed the appellant's appeal on 24 April 2024. The appellant has applied for leave to appeal to the Supreme Court, but that application is yet to be determined. The Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-Based Institutions has since completed its inquiries and its report is scheduled to be tabled in the House of Representatives on Wednesday 24 July 2024. The appellant seeks interim orders pursuant to r 30(2)(b) of the Supreme Court Rules 2004 that a section of the report concerning the Jehovah's Witnesses not be published anywhere (including on the Royal Commission's website) or referred to, or reported on, or disclosed, until the appellant's appeal to the Supreme Court is decided.
Whether the application for interim relief should be granted? Held: No.
The proposed orders can be seen as necessary to preserve the appellant's position. However, interim relief would not be appropriate in this case. The appellant's prospects of success on the appeal to the Supreme Court are low. The finalisation and publication of the report is a matter of considerable public interest. The appellant has delayed significantly in making this application.
The form of the orders sought raise significant comity issues.