NSW Caselaw
New South Wales Supreme Court
CITATION : Wray v Wray [2007] NSWSC 164
HEARING DATE(S) : 26/02/07 JUDGMENT OF : Gzell J
EX TEMPORE JUDGMENT DATE : 26 February 2007
DECISION : Defendant ordered to sign authority.
CATCHWORDS : PROCEDURE - Access to Third Party Documents - Proceedings under the Family Provision Act 1982 - Defendant executrix and deceased owed moneys to Centrelink for wrongly claimed age pensions - Plaintiff alleged she discharged the liabilities - No claim as yet on the estate -The Social Security (Administration Act 1999 (Cth), s 207 prevents an officer producing any document in possession because of performance of duty under the social security law - Whether the defendant should be ordered to sign an authority to Centrelink and the Social Security Appeals Tribunal to produce files to the plaintiffs' solicitors - Authorities establish a default is entitled to such an order against a plaintiff - Whether same principle applies to a plaintiff seeking such an order from a defendant
Family Provision Act 1982 LEGISLATION CITED : Social Security (Administration) Act 1999 (Cth) Civil Procedure Act 2005
CASES CITED : Merkuloff v Yalisheff [2003] NSWSC 1183 Attard v Hore [2002] QSC 437
PARTIES : Katheline May Wray - Plaintiff Cirila Cabalhug Wray as Executor of the Estate of the late Godfrey Alexander Wray - Defendant
FILE NUMBER(S) : SC 3793/06
COUNSEL : Mr M Leeming SC - Plaintiff J Atkin - Defendant
SOLICITORS : Deutsch Partners Lawyers Pty Ltd J A Buda & Associates
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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