SUPREME COURT OF QUEENSLAND
CITATION:
Frasson v Frasson [2020] QSC 171
PARTIES:
JOHN FRASSON
(applicant/respondent)
v
PAOLO FRASSON
(respondent/applicant)
FILE NO/S:
SC No 149 of 2020
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT: Supreme Court at Rockhampton
DELIVERED ON:
12 June 2020
DELIVERED AT:
Rockhampton
HEARING DATE:
1 June 2020
JUDGE:
Crow J
ORDER:
1. The defendant discover any unsigned statements of Paolo Frasson and Paul Young.
2. The defendant discover all notes taken of conversations with persons who were interviewed and referred to in the supplementary investigator’s report of 27 April 2017, those persons being Maria Frasson, Jeffrey Mitchell, Douglas Paton, John McKew, Peter Strickland and Peter Enkleman or alternatively, if such documents do not exist, the solicitor for the defendant swear an affidavit deposing to that fact.
3. The plaintiff file and serve its reply to the amended defence by 4pm 13 June 2020.
4. The plaintiff serve its statement of loss and damage by 4pm 20 June 2020.
5. The parties provide disclosure by exchange of lists on or before 4pm 27 June 2020.
6. The defendant serve its statement of expert and economic evidence by 4pm 11 July 2020.
7. The parties carry out inspection of documents on or before 11 July 2020.
8. The parties participate in a mediation prior to 13 August 2020.
9. In the event the proceeding is not settled, the parties appear at a directions hearing at the Supreme Court at Rockhampton on 2 November 2020 at 9am with liberty given to the parties to appear by telephone.
10. On 3 November 2020, the proceedings be transferred to the Supreme Court at Townsville and listed as the number one trial for the sittings commencing 9 November 2020.
11. If the parties cannot agree upon costs orders, the plaintiff is to file and serve its submissions on costs for both applications by 4pm 20 June 2020 and the defendant to file and serve its submission in reply on costs by 25 June 2020.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – DISCOVERY AND INTERROGATORIES – DISCOVERY AND INSPECTION OF DOCUMENTS – DISCOVERY OF DOCUMENTS – GENERAL MATTERS – GENERAL PRINCIPLES – where the defendant caused reports to be made regarding the incident which gave rise to the personal injury claim – where, in part, the reports are based off unsigned witness statements – where the unsigned witness statements are not attached to reports – where the unsigned statements are referred to in the reports - where the plaintiff seeks to have unsigned witness statements disclosed pursuant to s 27 Personal Injuries Proceedings Act 2002 (Qld) – whether s 27 requires disclosure of the statements
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – DISCOVERY AND INTERROGATORIES – DISCOVERY AND INSPECTION OF DOCUMENTS – DISCOVERY OF DOCUMENTS – GROUNDS FOR RESISTING PRODUCTION – PRIVILEGE – CLIENT LEGAL PRIVILEGE – FOR PURPOSE OF OR IN CONTEMPLATION OF LITIGATION - where the solicitor for the defendant prepared file notes following conversation…
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- AGLC
- Frasson v Frasson [2020] QSC 171
- Case
- [2020] QSC 171
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether certain unsigned witness statements were discoverable under section 27 of the Personal Injuries Proceedings Act 2002 (Qld) and whether certain file notes prepared by the defendant's solicitor were protected by client legal privilege. The court had to determine the extent of disclosure required under the statute and assess whether the privilege applied to the file notes in question.
The court found that the unsigned witness statements were indeed required to be disclosed as they were referred to in the reports and formed part of the context in which the reports were made. Regarding the file notes, the court determined that they were not protected by privilege as they were not prepared for the purpose of or in contemplation of litigation. Consequently, the defendant was ordered to disclose the unsigned statements and the file notes. The court also made various procedural orders to manage the progress of the case, including timelines for filing statements, expert evidence, and deadlines for mediation and trial.
The final orders included directions for discovery of specific documents, scheduling of various procedural steps, and a transfer of the proceedings to the Supreme Court at Townsville. The court mandated a series of deadlines for the filing of statements and evidence, set a date for mediation, and scheduled a directions hearing and trial. If the parties could not agree on costs, they were required to submit their respective cost submissions by specified dates.
Orders
Orders of the court
1. The defendant discover any unsigned statements of Paolo Frasson and Paul Young.
2. The defendant discover all notes taken of conversations with persons who were interviewed and referred to in the supplementary investigator’s report of 27 April 2017, those persons being Maria Frasson, Jeffrey Mitchell, Douglas Paton, John McKew, Peter Strickland and Peter Enkleman or alternatively, if such documents do not exist, the solicitor for the defendant swear an affidavit deposing to that fact.
3. The plaintiff file and serve its reply to the amended defence by 4pm 13 June 2020.
4. The plaintiff serve its statement of loss and damage by 4pm 20 June 2020.
5. The parties provide disclosure by exchange of lists on or before 4pm 27 June 2020.
6. The defendant serve its statement of expert and economic evidence by 4pm 11 July 2020.
7. The parties carry out inspection of documents on or before 11 July 2020.
8. The parties participate in a mediation prior to 13 August 2020.
9. In the event the proceeding is not settled, the parties appear at a directions hearing at the Supreme Court at Rockhampton on 2 November 2020 at 9am with liberty given to the parties to appear by telephone.
10. On 3 November 2020, the proceedings be transferred to the Supreme Court at Townsville and listed as the number one trial for the sittings commencing 9 November 2020.
11. If the parties cannot agree upon costs orders, the plaintiff is to file and serve its submissions on costs for both applications by 4pm 20 June 2020 and the defendant to file and serve its submission in reply on costs by 25 June 2020.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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