Sony Music Entertainment (Australia) Limited v University of Tasmania [2003] FCA 805

Sony Music Entertainment (Australia) Limited v University of Tasmania [2003] FCA 805

Order 5, read with Order 6 and against the evidentiary background, was properly construed as granting access to the relevant material so that deleted information could be tested for recovery, and that access included overwritten material because the evidence did not exclude the possibility of recovering forensically useful information from it.

Jurisdiction
Australia
Judgment Date
29 July 2003
Procedural Posture
Preliminary Discovery / Application for Clarification of Orders Made on 18 July 2003
Outcome
Applicants' submissions accepted on the interpretation of the Orders; respondents ordered to pay the applicants' costs on the application; time extended for the first respondent's compliance with Order 1(e) to 1 August 2003; liberty to apply reserved.
Legal Topics
['final Orders' 'interpretation of Orders' 'preliminary Discovery' 'production of Overwritten Backup Files' 'deleted Information']
['practice and Procedure'] ['final Orders' 'interpretation of Orders' 'preliminary Discovery' 'production of Overwritten Backup Files' 'deleted Information']

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Procedural Posture

Preliminary Discovery / Application for Clarification of Orders Made on 18 July 2003

Legal Issues

  1. 1 ['Whether Order 5(a) and (b) of the Orders made on 18 July 2003 required access to or production of backup copies of files that had been overwritten.' 'Whether overwritten material could be included within the material to be tested for recovery of deleted information under the Orders.']

Ratio Decidendi

Order 5, read with Order 6 and against the evidentiary background, was properly construed as granting access to the relevant material so that deleted information could be tested for recovery, and that access included overwritten material because the evidence did not exclude the possibility of recovering forensically useful information from it.

Court Disposition

Applicants' submissions accepted on the interpretation of the Orders; respondents ordered to pay the applicants' costs on the application; time extended for the first respondent's compliance with Order 1(e) to 1 August 2003; liberty to apply reserved.

Orders

  • ["The respondents pay the applicants' costs on this application." "Time be extended for the first respondent's compliance with Order 1(e) made on 18 July 2003 to 1 August 2003." 'Liberty to apply is reserved.']