Geoffrey Smith recently declared his devotion to the National Gallery of Victoria, describing it as a “wonderful institution that is bigger than all of us”.

Even after being subjected to an internal investigation and suspended from his job over conflict-of-interest concerns, Smith only had kind words for the gallery a few weeks back. “We have had a long and very successful and productive relationship over the last 16 years. My interests have always been for the National Gallery of Victoria first.”

It’s not known whether Smith still stands by those words, which he uttered on the evening of August 10, when he was briefly allowed back into the gallery to attend the opening of the Charles Blackman exhibition, a show he had spent two years preparing. He was greeted that night with a kiss by his immediate boss Frances Lindsay, the NGV’s deputy director.

Whatever warm feelings Frances Lindsay might have had for her embattled underling back then, it would seem that the relationship has since turned icy.

The Federal Court was told yesterday that Ms Lindsay would find it personally upsetting and disruptive if Smith was allowed to return to his office to retrieve documents to prepare his defence. The NGV’s barrister Robin Brett QC said Smith only wanted to return to the gallery to “make a point”.

Rejecting the gallery’s argument, Justice Richard (don’t call me Dick) Tracey ordered that Smith be allowed to return to his office under strict supervision.

Smith’s lawyers are seeking access to a massive amount of material from the NGV’s archives, including details about the gallery’s dealings with many prominent figures in Melbourne’s business and arts communities. Among the documents being sought are records of acquisitions by the NGV of artworks from the commercial gallery once owned by Frances Lindsay’s husband, Robert. Smith’s lawyers also want records of the NGV’s dealings with the Vizard Foundation, the charitable trust set up by disgraced businessman Steve Vizard, who is also a past president of the gallery’s council of trustees.

The NGV has put out two separate statement claiming that Smith failed in his bid to get the documents, but sources close to the curator’s legal team insist that the battle is not over and will be the subject of further argument at a hearing set down for September 22, ahead of a trial which has now been delayed until early October.