JRD GHALLOUB PTY LTD v ANTHONY GHALLOUB ROBERT ELTOBBAGI v ANTHONY GHALLOUB [2013] NSWSC 56

JRD GHALLOUB PTY LTD v ANTHONY GHALLOUB ROBERT ELTOBBAGI v ANTHONY GHALLOUB [2013] NSWSC 56

The Court declined to grant orders under s 128A(6)-(7) of the Evidence Act 1995 (NSW) as disclosure of the redacted affidavit information would not materially assist the plaintiff and may impede other proceedings; interests of justice are best served by progressing the proceedings to finality.

Jurisdiction
Australia
Judgment Date
05 February 2013
Procedural Posture
Interlocutory Application / Directions and Orders Regarding Notices of Motion Including Privilege Under S 128 a Evidence Act
Outcome
Notices of motion dismissed, certificate under s 128A Evidence Act not granted, directions given for further conduct.
Legal Topics
['privilege Against Self Incrimination' 'freezing Orders' 'interlocutory Applications']
['evidence Law'] ['privilege Against Self Incrimination' 'freezing Orders' 'interlocutory Applications']

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Procedural Posture

Interlocutory Application / Directions and Orders Regarding Notices of Motion Including Privilege Under S 128 a Evidence Act

Legal Issues

  1. 1 ['Whether the Court should make an order under s 128A(6) of the Evidence Act 1995 (NSW) for disclosure of redacted affidavit information' 'Whether the Court should grant a certificate under s 128A(7) of the Evidence Act 1995 (NSW)' 'Whether disclosure of redacted information would materially assist plaintiffs or impede criminal or other proceedings']

Ratio Decidendi

The Court declined to grant orders under s 128A(6)-(7) of the Evidence Act 1995 (NSW) as disclosure of the redacted affidavit information would not materially assist the plaintiff and may impede other proceedings; interests of justice are best served by progressing the proceedings to finality.

Court Disposition

Notices of motion dismissed, certificate under s 128A Evidence Act not granted, directions given for further conduct.

Orders

  • ['Order that in both proceedings, no order is made under s 128A(6) and no certificate is granted under s 128A(7); affidavit returned to Mr A J Ghalloub.' "Order in 2012/393580: Plaintiffs' notice of motion dismissed; costs to plaintiffs." "Order in 2012/397188: Plaintiff's amended notice of motion dismissed; costs...