Habib v Radio 2UE Sydney Pty Ltd & Anor (No 3) [2011] NSWDC 41

Habib v Radio 2UE Sydney Pty Ltd & Anor (No 3) [2011] NSWDC 41

The request for the plaintiff's Centrelink records is directly relevant to both credit and the defence of truth; the defendants' nominated period for access is reasonable and not a fishing expedition; refusal to authorise access justifies a stay, subject to the plaintiff being given an opportunity to comply.

Jurisdiction
Australia
Judgment Date
17 June 2011
Procedural Posture
Interlocutory Application / Ruling on Notice of Motion Seeking Stay of Proceedings
Outcome
Stay ordered, subject to condition; costs to defendants.
Legal Topics
['stay of Proceedings' 'pre Trial Disclosure' 'access to Social Security Records']
['practice and Procedure' 'defamation'] ['stay of Proceedings' 'pre Trial Disclosure' 'access to Social Security Records']

Case Brief

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Procedural Posture

Interlocutory Application / Ruling on Notice of Motion Seeking Stay of Proceedings

Legal Issues

  1. 1 ['Whether, in defamation proceedings, a stay is justified if the plaintiff declines to authorise Centrelink to provide the defendants with relevant records']

Ratio Decidendi

The request for the plaintiff's Centrelink records is directly relevant to both credit and the defence of truth; the defendants' nominated period for access is reasonable and not a fishing expedition; refusal to authorise access justifies a stay, subject to the plaintiff being given an opportunity to comply.

Court Disposition

Stay ordered, subject to condition; costs to defendants.

Orders

  • ['Within 7 days the plaintiff is to provide the defendants with a signed authority authorising access to Centrelink records for 1 July 1998 - 31 December 2008 concerning disability pension claims.' 'Failing compliance, proceedings are stayed pending further order.' "Plaintiff to pay defendants' costs of and...