Lam v Leung

[2026] VSC 508

Supreme Court of Victoria

Built by Barristers,
For Australian Law.

Under r 29.08, orders for particular discovery are not made lightly; the applicant must establish grounds for belief that documents relating to a question in the proceeding may be or may have been in the party's possession, assessed by reference to the adequacy of searches conducted and the inherent likelihood of documents existing given the nature of the transactions.
A party's discovery obligation extends to searching all repositories within their custody, possession and power, including email accounts of company employees where the party controls the company's documents; confining searches to a single account or to non-privileged documents located by former solicitors is insufficient.
Privileged documents must still be discovered with privilege claimed in the ordinary way; a statement that no further 'non-privileged documents' exist does not discharge the discovery obligation where it implies privileged documents were located but not listed.

Citation[2026] VSC 508

CourtVSC

JurisdictionVictoria

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