Forbes v Tang

The case of Forbes v Tang involves a professional negligence claim, with the plaintiff, Forbes, seeking pre-trial discovery from the defendant, Dr Tang. The matter was heard in the Supreme Court of New South Wales. The plaintiff has applied for an order to compel the defendant to provide certain documents that are relevant to the claim. These documents are listed in a schedule attached to the summons filed on 13 August 2018.

The court was tasked with determining whether the documents listed in the summons should be compelled for discovery and whether the plaintiff should be granted leave to inspect those documents. The plaintiff argued that the documents were necessary to establish the case against the defendant. Dr Tang opposed the application, asserting that the documents were privileged and irrelevant to the claim.

The court found that the documents were relevant and necessary for the plaintiff to pursue the professional negligence claim. The court noted that the documents related to the defendant's conduct in relation to the plaintiff's case and were not privileged. The court ordered the defendant to provide the documents within 7 days to the court, and leave to inspect those documents was granted to the plaintiff. The matter was stood over for further directions.

The court also granted leave to the plaintiff to file any statement of claim for the commencing of proceedings in 2018/248290. The costs of the application were to be costs in the cause, but with liberty to the plaintiff and Dr Tang to apply. A copy of the judgment and these orders was to be provided by the court to Dr Tang.