Lavigne v Garrett & Anor [2023] NSWSC 1383

Lavigne v Garrett & Anor [2023] NSWSC 1383

The defendants did not establish any evidentiary basis for the asserted risk that the plaintiffs would use discovered client documents for an improper purpose in preparing their lay evidence. The parties' positions were clearly committed in verified pleadings, and the normal practice supports discovery prior to service of evidence. Therefore, discovery should not be staged, and the orders for disclosure were made accordingly.

Parties
First Plaintiff: Jason Lavigne; Second Plaintiff: Mia Lavigne; First Defendant: Peter James Garrett; Second Defendant: Unsworth Legal Pty Limited
Jurisdiction
Australia
Judgment Date
15 November 2023
Procedural Posture
Professional Negligence / Pre Trial Interlocutory Application Regarding Discovery
Outcome
Applications for staged discovery dismissed; orders for mutual discovery and costs made
Legal Topics
Discovery, Staged Discovery, Production of Client Documents, Professional Negligence, Solicitor's Duties
Civil Procedure Discovery Staged Discovery Production of Client Documents Professional Negligence Solicitor's Duties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Jason Lavigne

First Plaintiff

Mia Lavigne

Second Plaintiff

Peter James Garrett

First Defendant

Unsworth Legal Pty Limited

Second Defendant

Procedural Posture

Professional Negligence / Pre Trial Interlocutory Application Regarding Discovery

Legal Issues

  1. 1 Whether discovery of disputed documents by former solicitors should be ordered before service of lay evidence or staged until after lay evidence; Whether the documents in question are client documents; Whether there is a risk plaintiffs would use documents for improper purpose

Ratio Decidendi

The defendants did not establish any evidentiary basis for the asserted risk that the plaintiffs would use discovered client documents for an improper purpose in preparing their lay evidence. The parties' positions were clearly committed in verified pleadings, and the normal practice supports discovery prior to service of evidence. Therefore, discovery should not be staged, and the orders for disclosure were made accordingly.

Court Disposition

Applications for staged discovery dismissed; orders for mutual discovery and costs made

Orders

  • Discovery to be provided by both plaintiffs and defendants as agreed, by 22 November 2023, 5pm
  • Plaintiffs to give discovery of documents in category 13 of Annexure A to defendants’ notice of motion filed 29 August 2023 by 22 November 2023, 5pm