Tahana v Hines [2021] NSWSC 564

Tahana v Hines [2021] NSWSC 564

The Court has the power under the Civil Procedure Act 2005 (NSW) and its inherent jurisdiction to order a plaintiff to provide an executed authority for access to social security records where such records are relevant to the issues in the litigation, and the protective provisions of the Social Security (Administration) Act 1999 (Cth) allow such disclosure where the person to whom the records relate provides authorisation.

Parties
Plaintiff: Richard Tahana; First Defendant: Greg Hines; Sixth Defendant: Gordian Runoff Limited
Jurisdiction
Australia
Judgment Date
14 May 2021
Procedural Posture
Civil / Interlocutory Application
Outcome
Interlocutory order granted
Legal Topics
Disclosure, Access to Documents, Privacy and Social Security Records, Interlocutory Orders
Civil Procedure Disclosure Access to Documents Privacy and Social Security Records Interlocutory Orders

Case Brief

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Parties

Richard Tahana

Plaintiff

Greg Hines

First Defendant

Gordian Runoff Limited

Sixth Defendant

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether the court has the power to order the plaintiff to provide an executed authority for access to Centrelink records
  2. 2 Whether, in the exercise of discretion, such an order should be made given privacy considerations and relevance to the litigation

Ratio Decidendi

The Court has the power under the Civil Procedure Act 2005 (NSW) and its inherent jurisdiction to order a plaintiff to provide an executed authority for access to social security records where such records are relevant to the issues in the litigation, and the protective provisions of the Social Security (Administration) Act 1999 (Cth) allow such disclosure where the person to whom the records relate provides authorisation.

Court Disposition

Interlocutory order granted

Orders

  • The plaintiff is to provide to the solicitors for the first and sixth defendants by 5.00pm on 17 May 2021 an executed authority for access to the plaintiff's Centrelink records.
  • Costs are to be costs in the cause.