Mirus Australia Pty Ltd v Gage [2016] NSWSC 1519

Mirus Australia Pty Ltd v Gage [2016] NSWSC 1519

The Court refused the order because there was no evidence from Mr Carson explaining why he needed access to Mirus's Google Drive account, no expert evidence establishing the alleged sharing between the accounts, no explanation why unrestricted access was needed rather than particular activity logs, and the applicant's own submissions indicated that whether the laptop synced on 8 September 2015 could be tested from the laptop, its activity logs, and Mr Gage's personal Google Drive account.

Jurisdiction
Australia
Judgment Date
28 October 2016
Procedural Posture
Equity Proceeding; Procedural Motion Related to Contempt Application / First Defendant's Notice of Motion Filed 29 September 2016 Seeking Access to Plaintiff's Google Drive Account
Outcome
First defendant's notice of motion of 29 September 2016 dismissed with costs.
Legal Topics
['access to Electronic Records' 'forensic Computer Expert Evidence' 'google Drive Activity Logs' 'alleged Breach of Court Orders' 'evidence Required for Procedural Orders']
['practice and Procedure' 'equity' 'contempt of Court'] ['access to Electronic Records' 'forensic Computer Expert Evidence' 'google Drive Activity Logs' 'alleged Breach of Court Orders' 'evidence Required for Procedural Orders']

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Procedural Posture

Equity Proceeding; Procedural Motion Related to Contempt Application / First Defendant's Notice of Motion Filed 29 September 2016 Seeking Access to Plaintiff's Google Drive Account

Legal Issues

  1. 1 ["Whether the first defendant's forensic computer expert should be given access to the plaintiff's Google Drive account login details to prepare a report responding to a contempt charge." 'Whether the evidence adduced justified an order requiring the plaintiff to provide access to its Google Drive account.' "Whether unrestricted access to the plaintiff's Google Drive account was necessary as opposed to access to particular activity logs or other records."]

Ratio Decidendi

The Court refused the order because there was no evidence from Mr Carson explaining why he needed access to Mirus's Google Drive account, no expert evidence establishing the alleged sharing between the accounts, no explanation why unrestricted access was needed rather than particular activity logs, and the applicant's own submissions indicated that whether the laptop synced on 8 September 2015 could be tested from the laptop, its activity logs, and Mr Gage's personal Google Drive account.

Court Disposition

First defendant's notice of motion of 29 September 2016 dismissed with costs.

Orders

  • ["The first defendant's notice of motion of 29 September 2016 be dismissed with costs."]