Howden Australia Pty Ltd v Minetek Pty Ltd (Forensic Imaging) [2020] FCA 1419

Howden Australia Pty Ltd v Minetek Pty Ltd (Forensic Imaging) [2020] FCA 1419

Given the strong evidentiary basis suggesting possible untruthfulness in prior sworn testimony, inconsistencies in discovery, and the presence of documents supporting the applicants' contentions, it is appropriate to order forensic imaging of the respondents’ devices to ensure the adequacy of discovery and proper administration of justice.

Jurisdiction
Australia
Judgment Date
02 October 2020
Procedural Posture
Interlocutory Application / Application Determined on the Papers, Post Standard Discovery, Regarding Further Forensic Imaging Orders
Outcome
Forensic imaging of the respondents’ identified devices ordered; respondents required to provide existing forensic images, make listed devices available for imaging, provide necessary access data, and bear the costs of the interlocutory application.
Legal Topics
['forensic Imaging Orders' 'standard Discovery' 'confidential Information' 'interlocutory Applications' 'discovery Deficiencies']
['practice and Procedure' 'intellectual Property'] ['forensic Imaging Orders' 'standard Discovery' 'confidential Information' 'interlocutory Applications' 'discovery Deficiencies']

Case Brief

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Procedural Posture

Interlocutory Application / Application Determined on the Papers, Post Standard Discovery, Regarding Further Forensic Imaging Orders

Legal Issues

  1. 1 ['Whether respondents should be ordered to make devices available for forensic imaging and provide any images made' 'Whether standard discovery is inadequate' "Whether there are grounds to doubt adequacy of respondents' discovery"]

Ratio Decidendi

Given the strong evidentiary basis suggesting possible untruthfulness in prior sworn testimony, inconsistencies in discovery, and the presence of documents supporting the applicants' contentions, it is appropriate to order forensic imaging of the respondents’ devices to ensure the adequacy of discovery and proper administration of justice.

Court Disposition

Forensic imaging of the respondents’ identified devices ordered; respondents required to provide existing forensic images, make listed devices available for imaging, provide necessary access data, and bear the costs of the interlocutory application.

Orders

  • ["Respondents to provide to applicants' solicitors any forensic image made for discovery compliance of certain listed devices by 9 October 2020;" 'Respondents to make available for imaging by applicants’ expert the specified devices and encryption keys by 9 October 2020;' 'Access to forensic images and devices...