Barletta v Saitaa [2019] NSWSC 1624

Supreme Court New South Wales

Medium Neutral Citation: Barletta v Saitaa [2019] NSWSC 1624 Hearing dates: 7 November 2019 Decision date: 07 November 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Dismiss the defendants' notice of motion filed 12 September 2019. 2. Reserve the question of costs. 3. Note the undertaking of the plaintiff's solicitor that all documents released under the Freedom of Information application by way of Centrelink records in relation to the plaintiff will be provided to the third defendant's legal representatives. 4. Note the undertaking of the third defendant through her legal representatives to be bound as if the Harman undertaking were to apply in relation to documents so provided. 5. Direct that the third defendant not disclose those Centrelink documents without further order of the Court to the first and second defendants, unless the first and second defendants provide a written undertaking themselves to be bound as if the provision of documents was covered by the Harman undertaking. 6. Direct the first and second defendants to file a notice of appearance within seven days. Catchwords: CIVIL PROCEDURE – Disclosure of documents – Freedom of information application – whether limitations should be placed on access by defendants to Centrelink records of the plaintiff – access permitted – third defendant not to disclose the documents obtained to the first and second defendants without further order of the Court – costs reserved. Legislation Cited: Civil Procedure Act 2005 (NSW) s 56 Practice Note SC Eq 7 Uniform Civil Procedure Rules 2005 (NSW), r 7.10 Cases Cited: Baller Industries Pty Ltd v Mero Mero Leasing Pty Ltd [2019] NSWSC 1067 El-Helou v Smith [2009] NSWSC 741 Merkuloff v Yalisheff [2003] NSWSC 1183 Re The Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Category: Procedural and other rulings Parties: Grazia Barletta (Plaintiff) Tindaro Saitaa (First Defendant) Alisa Marie Weir (Second Defendant) Amelia Georgia Williams (Third Defendant) Representation: Counsel: J La Cava (Plaintiff) N Condylis (Defendants)