El-Helou v Smith [2009] NSWSC 741

El-Helou v Smith [2009] NSWSC 741

Given the relevance of the Centrelink material to the plaintiff's claims of injury, economic loss, and domestic assistance, and in the absence of statutory prohibition or good reason for refusal, an in personam order compelling the plaintiff to provide authority for its release is warranted to ensure just, quick, and cheap determination of the issues.

Jurisdiction
Australia
Judgment Date
06 August 2009
Procedural Posture
Personal Injury Damages Claim / Interlocutory Application (motion Regarding Disclosure of Centrelink Information)
Outcome
Application granted; orders made in favour of defendant.
Legal Topics
['discovery' 'personal Injury' 'in Personam Orders' 'relevance of Evidence' 'confidential Information']
['civil Procedure'] ['discovery' 'personal Injury' 'in Personam Orders' 'relevance of Evidence' 'confidential Information']

Case Brief

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Procedural Posture

Personal Injury Damages Claim / Interlocutory Application (motion Regarding Disclosure of Centrelink Information)

Legal Issues

  1. 1 ['Whether plaintiff should be ordered to provide an authority enabling defendant to access Centrelink information' 'Whether information held by Centrelink is relevant to the issues in the proceedings' 'Whether s 207 Social Security (Administration) Act 1999 prohibits such disclosure via an in personam order' 'Whether making such an order is in conformity with the overriding purpose in s 56 of the Civil Procedure Act 2005']

Ratio Decidendi

Given the relevance of the Centrelink material to the plaintiff's claims of injury, economic loss, and domestic assistance, and in the absence of statutory prohibition or good reason for refusal, an in personam order compelling the plaintiff to provide authority for its release is warranted to ensure just, quick, and cheap determination of the issues.

Court Disposition

Application granted; orders made in favour of defendant.

Orders

  • ['Plaintiff within 14 days to provide to defendant an executed authority to obtain any information from Centrelink in relation to plaintiff.' "Plaintiff to pay defendant's costs of the motion." "Liberty granted to either party to apply on 7 days' notice with respect to the form of Order 1 or the terms of Order 2."]