Kalloghlian v Mitry Lawyers Pty Ltd [2022] NSWSC 845

Kalloghlian v Mitry Lawyers Pty Ltd [2022] NSWSC 845

The plaintiff, by raising allegations under s 99 regarding the conduct of Mitry Lawyers, waived privilege over communications with counsel during the relevant period, except those involving Mr Hetherington. Accordingly, the plaintiff is required to give discovery of all such communications within Category 5, save for those concerning Mr Hetherington.

Parties
Plaintiff/applicant: Avedis Kalloghlian; Respondent: Mitry Lawyers Pty Ltd
Jurisdiction
Australia
Judgment Date
27 June 2022
Procedural Posture
Equity Technology and Construction List / Procedural Ruling on Discovery and Costs
Outcome
Orders made for discovery and on costs.
Legal Topics
Discovery, Privilege, Legal Costs, Section 99 Civil Procedure Act 2005 (nsw)
Civil Procedure Legal Costs Discovery Privilege Section 99 Civil Procedure Act 2005 (nsw)

Case Brief

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Parties

Avedis Kalloghlian

Plaintiff/applicant

Mitry Lawyers Pty Ltd

Respondent

Procedural Posture

Equity Technology and Construction List / Procedural Ruling on Discovery and Costs

Legal Issues

  1. 1 Whether the plaintiff is required to give discovery of communications with counsel during the relevant period
  2. 2 Whether privilege was waived over those communications due to the plaintiff's case under s 99
  3. 3 Scope of discovery in the context of an application to disallow legal fees under s 99 Civil Procedure Act 2005 (NSW)

Ratio Decidendi

The plaintiff, by raising allegations under s 99 regarding the conduct of Mitry Lawyers, waived privilege over communications with counsel during the relevant period, except those involving Mr Hetherington. Accordingly, the plaintiff is required to give discovery of all such communications within Category 5, save for those concerning Mr Hetherington.

Court Disposition

Orders made for discovery and on costs.

Orders

  • Plaintiffs to give discovery of documents in Mitry Lawyers' Category 5, save for those concerning Mr Hetherington.
  • Costs of the plaintiff's Notice of Motion of 16 May 2022 to be costs in the plaintiff's Notice of Motion of 7 September 2021.