Staley v Pivot Group Pty Ltd [No 5]

Staley was a former employee of Pivot Group who had commenced proceedings against his former employer. Pivot Group had applied for indemnity costs in relation to a number of issues, including the claim for aggravated damages. Staley sought an order for inspection of the solicitors' file of Pivot Group to assist in responding to this application. Pivot Group opposed the application on the basis that the litigation was not concluded, and the inspection was not necessary given that Pivot Group had provided detailed written submissions on the indemnity costs application. Pivot Group also argued that the application for inspection was brought by counsel who was not conducting the trial. Staley relied on authorities that suggested that an inspection of a solicitor's file is a matter of right. Staley argued that the written submissions did not adequately address the claim for aggravated damages, and that the inspection was necessary to address this issue. Staley also submitted that the application was brought by counsel, but the matter was to be dealt with by a solicitor. Pivot Group submitted that the inspection was not a matter of right when the litigation was not concluded. The Court held that there was no right of inspection when the litigation was not concluded. The Court also found that it was appropriate to consider the identity of the person who was bringing the application. The Court was not satisfied that the application was being brought by a person who had appropriate authority. The application for inspection was dismissed.