- Solomon Lew loses bid for publicity blackout on family legal battle
- By Pia Akerman
- The Australian
- 25/04/2012 Make a Comment
- Contributed by: Scrooge ( 1 article in 2012 )
RETAIL mogul Solomon Lew has failed in his attempt to keep a multi-million-dollar legal stoush with two of his children's former spouses from public view, after a judge found there was no evidence the publicity would have a negative emotional effect on his grandchildren.
Victorian Supreme Court judge Jennifer Davies yesterday ruled against Mr Lew's application to suppress details of the case, which is due for trial next month.
Justice Davies said that a suppression was not justified by Mr Lew's concerns about his grandchildren.
"It is regrettable that the grandchildren have been subjected to gossip and hurtful comments at school arising from the publication of the proceeding to date which has caused them distress," she said in her decision.
"However, that is not a sufficient reason to make a non-publication order. The price of litigation in this court may be embarrassing and unwanted publicity, but embarrassing and unwanted publicity is not a reason for the court to make an order in the terms sought."
Mr Lew's lawyers last week argued that "vindictive" newspaper reports of the case had portrayed Mr Lew as a "greedy ogre" and led to his grandchildren being taunted at school.
Mr Lew is trying to block Adam Priester, the former husband of his daughter, Jacqueline Lew, and Sarah Nowoweiski, former wife of son Steven, from accessing two loan accounts of $25 million each, set up with money from a $621m trust fund.
Jack Fajgenbaum QC, representing Mr Lew, said protection of the grandchildren, aged between five and 17, had to be paramount.
Georgina Schoff SC, representing media outlets including The Australian, said there was no evidence the children were being harmed and Mr Lew should have brought his case in the Family Court if he wished to keep the identities secret.
Justice Davies said a "real risk" of serious interference with the administration of justice had to be demonstrated, and this could not be done by merely asserting the rights of the grandchildren.
Justice Davies ordered Mr Lew pay the costs of the media's legal representation.
Victorian Supreme Court judge Jennifer Davies yesterday ruled against Mr Lew's application to suppress details of the case, which is due for trial next month.
Justice Davies said that a suppression was not justified by Mr Lew's concerns about his grandchildren.
"It is regrettable that the grandchildren have been subjected to gossip and hurtful comments at school arising from the publication of the proceeding to date which has caused them distress," she said in her decision.
"However, that is not a sufficient reason to make a non-publication order. The price of litigation in this court may be embarrassing and unwanted publicity, but embarrassing and unwanted publicity is not a reason for the court to make an order in the terms sought."
Mr Lew's lawyers last week argued that "vindictive" newspaper reports of the case had portrayed Mr Lew as a "greedy ogre" and led to his grandchildren being taunted at school.
Mr Lew is trying to block Adam Priester, the former husband of his daughter, Jacqueline Lew, and Sarah Nowoweiski, former wife of son Steven, from accessing two loan accounts of $25 million each, set up with money from a $621m trust fund.
Jack Fajgenbaum QC, representing Mr Lew, said protection of the grandchildren, aged between five and 17, had to be paramount.
Georgina Schoff SC, representing media outlets including The Australian, said there was no evidence the children were being harmed and Mr Lew should have brought his case in the Family Court if he wished to keep the identities secret.
Justice Davies said a "real risk" of serious interference with the administration of justice had to be demonstrated, and this could not be done by merely asserting the rights of the grandchildren.
Justice Davies ordered Mr Lew pay the costs of the media's legal representation.
Source: https://www.theaustralian.com.au/news/nation/solomon-lew-loses-bid-for-publicity-blackout-on-family-legal-battle/story-e6frg6nf-1226337493042
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