Total Real Estate Training Pty Ltd v Howard [2011] NSWSC 735

Total Real Estate Training Pty Ltd v Howard [2011] NSWSC 735

Discovery to date is insufficient and the only way the extent of use of plaintiff's confidential database can be discovered is through interrogation by an IT expert, which is justified in this case despite its invasiveness and expense.

Parties
First Plaintiff: Total Real Estate Training Pty Ltd; Second Plaintiff: MG Logistics Pty Ltd; First Defendant: Leanne Howard; Second Defendant: Helen Lowy; Third Defendant: Laura Watts; Fourth Defendant: Harcourts International Limited; Fifth Defendant: Harcourts Group (Australia) Pty Ltd
Jurisdiction
Australia
Judgment Date
11 July 2011
Procedural Posture
Interlocutory Application / Ex Tempore Judgment
Outcome
Application granted
Legal Topics
Inspection of Property, Discovery, Confidential Information, Inspection of Computer Databases
Procedure Equity Inspection of Property Discovery Confidential Information Inspection of Computer Databases

Case Brief

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Parties

Total Real Estate Training Pty Ltd

First Plaintiff

MG Logistics Pty Ltd

Second Plaintiff

Leanne Howard

First Defendant

Helen Lowy

Second Defendant

Laura Watts

Third Defendant

Harcourts International Limited

Fourth Defendant

Harcourts Group (Australia) Pty Ltd

Fifth Defendant

Procedural Posture

Interlocutory Application / Ex Tempore Judgment

Legal Issues

  1. 1 Whether IT expert should interrogate defendants' computer and other digital storage devices
  2. 2 Adequacy of discovery regarding use of confidential database
  3. 3 Appropriateness of invasive orders under Uniform Civil Procedure Rules 2005, Pt 23 r 23.8(1)

Ratio Decidendi

Discovery to date is insufficient and the only way the extent of use of plaintiff's confidential database can be discovered is through interrogation by an IT expert, which is justified in this case despite its invasiveness and expense.

Court Disposition

Application granted

Orders

  • IT expert appointed by plaintiffs permitted to interrogate the defendants’ computers and other digital storage devices to the extent necessary for specified information search.