El-Helou v Smith [2009] NSWSC 741

New South Wales Supreme Court

CITATION : El-Helou v Smith [2009] NSWSC 741

HEARING DATE(S) : 4 August 2009

JUDGMENT DATE : 6 August 2009

JUDGMENT OF : Harrison J

1. Order the plaintiff within 14 days to provide to the defendant an executed authority to enable her to obtain any information from Centrelink held or maintained by Centrelink in relation to the plaintiff. DECISION : 2. Order the plaintiff to pay the defendant's costs of the motion. 3. Grant liberty to either party to apply on 7 days' notice with respect to the form of Order 1 or the terms of Order 2.

CATCHWORDS : PROCEDURE – plaintiff claiming damages for personal injury – plaintiff made applications to Centrelink for assistance at various times – defendant seeks access to documents held by Centrelink concerning the plaintiff – s 207 of the Social Security (Administration) Act 1999 prevents production of documents to defendant directly – whether material relevant – whether plaintiff amenable to an in personam order to provide an authority to the defendant directed to Centrelink – s 56 of the Civil Procedure Act 2005 - whether order should be made having regard to the overriding purpose – plaintiff ordered to provide authority to the defendant

Civil Procedure Act 2005 LEGISLATION CITED : Social Security (Administration) Act 1999 Social Services Act 1947

CATEGORY : Procedural and other rulings

Attard v Hore [2002] QSC 437 Hans Pet Constructions Pty Ltd v Cassar [2009] NSWCA 230 CASES CITED : Mahony v J Kruschich (Demolitions) Pty Ltd [1985] HCA 37; (1985) 156 CLR 522 Merkuloff v Yalisheff [2003] NSWSC 1183 Smith v Swinfield (1981) FLC 91-084 Wray v Wray [2007] NSWSC 164