Lavars v Gillis [2018] NSWSC 1912

Supreme Court New South Wales

Medium Neutral Citation: Lavars v Gillis [2018] NSWSC 1912 Hearing dates: 4 December 2018 Date of orders: 13 December 2018 Decision date: 13 December 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) I order pursuant to UCPR r 28.5 that the present proceedings be heard together with proceedings 2017/352141, 2017/170694, 2017/346984 and 2017/370856.

(2) The evidence in each of the proceedings is, subject to the rules of evidence, evidence in the other proceedings.

(3) The defendants are to pay the plaintiff's costs of the motion. Catchwords: CIVIL PROCEDURE – hearings – order that proceedings be heard together – UCPR r 28.5 – proceedings against defendant solicitors retained by each plaintiff in relation to the termination of their employment – where application made by one plaintiff but supported by other plaintiffs - whether common questions – whether rights to relief arise out of the same transactions - all plaintiffs allege negligence and breach of fiduciary duty – overwhelming similarity of pleadings – risk of inconsistent credit findings if proceedings heard separately – time and cost savings if proceedings heard together – where all proceedings at similar stage of preparedness – where cross-admissibility of evidence can be dealt with so as to prevent forensic disadvantage to defendant

CIVIL PROCEDURE – notices to produce – before hearing – relevance to a fact in issue Legislation Cited: Civil Procedure Act 2005 (NSW) s 56 Evidence Act 1995 (NSW) ss 56, 97, 98 Federal Court Rules 2011 (Cth) O 29 r 5 Uniform Civil Procedure Rules 2005 (NSW) rr 21.10, 28.5 Cases Cited: Ghose v CX Reinsurance Company Ltd [2010] NSWSC 110 Humphries v Newport Quays Stage 2A Pty Ltd [2009] FCA 699 Texts Cited: Nil Category: Procedural and other rulings Parties: Daniella Lavars (Plaintiff) Michael Joseph Gillis (First Defendant) David Thomas Newey (Second (Defendant) Gana Holdings Pty Ltd (Third (Defendant) Corey Wittenberg (Respondent) Louise Murphy (Respondent) William Lawson (Respondent) Stuart Moore (Respondent) Representation: Counsel: T M Faulkner (Plaintiff) P A Horvath (Defendants) M Rosenblatt (Other Respondents)