Barletta v Saitaa [2019] NSWSC 1624

Barletta v Saitaa [2019] NSWSC 1624

The production of Centrelink documents to the third defendant is permitted, subject to undertakings and restrictions to protect privacy, as the third defendant is entitled to access to instructions and evidence. Costs are reserved given unresolved conduct issues on both sides and non-appearance of the first and second defendants.

Jurisdiction
Australia
Judgment Date
07 November 2019
Procedural Posture
Family Provision / Interlocutory Application Regarding Disclosure and Costs
Outcome
Notice of motion dismissed, costs reserved, undertakings and directions issued regarding document disclosure and appearances.
Legal Topics
['disclosure of Documents' 'freedom of Information' 'family Provision' 'costs']
['equity' 'civil Procedure'] ['disclosure of Documents' 'freedom of Information' 'family Provision' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Family Provision / Interlocutory Application Regarding Disclosure and Costs

Legal Issues

  1. 1 ['Whether limitations should be placed on access by defendants to Centrelink records of the plaintiff' 'Whether costs should be granted for the notice of motion']

Ratio Decidendi

The production of Centrelink documents to the third defendant is permitted, subject to undertakings and restrictions to protect privacy, as the third defendant is entitled to access to instructions and evidence. Costs are reserved given unresolved conduct issues on both sides and non-appearance of the first and second defendants.

Court Disposition

Notice of motion dismissed, costs reserved, undertakings and directions issued regarding document disclosure and appearances.

Orders

  • ["Dismiss the defendants' notice of motion filed 12 September 2019." 'Reserve the question of costs.' "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...