Saint v Holmes (No 1)

The case of Saint v Holmes (No 1) involved a dispute concerning the discovery of documents related to the proceedings of the Professional Services Review Committee No 204. The applicant sought the discovery of specific categories of documents from the committee, which was involved in the determination of the applicant's conduct. The High Court was tasked with determining the extent to which the documents were discoverable and whether any orders for discovery should be made.

The legal issues before the court included the scope of immunity and protection afforded to the committee members, the discoverability of working papers and drafts prepared by staff, and the appropriate scope of discovery in relation to the committee’s proceedings. The court needed to balance the applicant's right to access relevant documents against the need to protect the integrity and confidentiality of the committee's decision-making process.

The court held that the committee members had the same immunity as a Justice of the High Court, which meant that the working papers of the committee were not discoverable. Similarly, drafts prepared by Commission staff to assist the committee were not subject to discovery. However, the court was prepared to order the discovery of documents that were before the committee or considered by it in making its determination about the applicant. This included documents of an evidentiary character and submissions made to the committee. The court ruled that the scope of discovery should be limited to avoid further delays and supplementary applications. The court also specified that the discovery should not include drafts of the committee's report or legal advice given to assist in the decision-making process.

In conclusion, the court ordered that the respondents provide a list of specific categories of documents by a specified date. The applicant was also required to pay the respondents' costs of the directions hearing related to the discovery claim. The directions hearing was subsequently relisted to ensure that the matter could be resolved efficiently.