Darshn v Avant Insurance Limited [2021] FCA 232

Darshn v Avant Insurance Limited [2021] FCA 232

The categories (e) and (f) of documents requested from the first respondent are relevant to the issues in the proceeding, are not overly broad or oppressive when properly limited, and should be produced subject to legal professional privilege claims.

Parties
Applicant: Sri Balakrishnan Darshn; First Respondent: Avant Insurance Limited; Second Respondent: Medical Insurance Australia Pty Limited
Jurisdiction
Australia
Judgment Date
16 March 2021
Procedural Posture
Application / Interlocutory Orders Regarding Production of Documents
Outcome
interlocutory orders made regarding production of documents and procedural timetable
Legal Topics
Production of Documents, Relevance, Oppression, Professional Indemnity Insurance, Claims Made Policies
Practice and Procedure Insurance Law Production of Documents Relevance Oppression Professional Indemnity Insurance Claims Made Policies

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Parties

Sri Balakrishnan Darshn

Applicant

Avant Insurance Limited

First Respondent

Medical Insurance Australia Pty Limited

Second Respondent

Procedural Posture

Application / Interlocutory Orders Regarding Production of Documents

Legal Issues

  1. 1 whether requested documents are relevant to any issue raised in the proceeding
  2. 2 whether category of documents is too broad or oppressive
  3. 3 operation of s 40(3) and s 54 of the Insurance Contracts Act 1984 (Cth)

Ratio Decidendi

The categories (e) and (f) of documents requested from the first respondent are relevant to the issues in the proceeding, are not overly broad or oppressive when properly limited, and should be produced subject to legal professional privilege claims.

Court Disposition

interlocutory orders made regarding production of documents and procedural timetable

Orders

  • First respondent to produce categories (e) and (f) of documents by 23 March 2021, subject to privilege claims.
  • Privilege claims to be justified by affidavit by 26 March 2021, documents kept sealed.