Sahadi & Savva and Anor

Sahadi & Savva and Anor involved an application for leave to appeal against interlocutory orders made in family law proceedings. The appeal concerned the release and use of an expert report in criminal proceedings. The appellant required leave to appeal, and the court was required to decide whether such leave should be granted.

The legal issues before the court included the application of the test set out in Medlow & Medlow for granting leave to appeal and whether the Police were subject to an implied obligation not to disclose the expert report, and if such an obligation could be waived. The court also needed to determine whether the best interests of the child were the paramount consideration when releasing the report for use in criminal proceedings.

The court granted leave to appeal, finding that the nature of the issues raised and their implications for the hearing of a serious criminal trial justified the grant of leave. The court concluded that the Police were not subject to an implied obligation not to disclose the report, and that the obligation could be waived. Furthermore, the court determined that the release of the report was in the best interests of the child, given the circumstances of the case.

The court dismissed the appeal, affirming the lower court's decision to release the expert report for use in the criminal prosecution.