Sites N Stores Pty Ltd v Whirlpool.Net.Au Pty Ltd [2015] FCA 1474

Sites N Stores Pty Ltd v Whirlpool.Net.Au Pty Ltd [2015] FCA 1474

The Court found that for several usernames, the applicants established they may have a right to relief—particularly where an inference could be drawn that the author was a former employee or competitor and relevant statutory obligations may have been breached, or possible causes of action suggested. Discovery was ordered for those usernames in accordance with r 7.22. For other usernames, the evidence was not sufficient to show that the applicants may have a right to obtain relief, and no discovery was ordered.

Jurisdiction
Australia
Judgment Date
23 December 2015
Procedural Posture
Application for Preliminary Discovery / Reasons for Judgment and Final Orders
Outcome
Discovery orders granted in part; applicants to pay respondent's costs.
Legal Topics
['preliminary Discovery' 'identity Discovery' 'orders for Discovery' 'online Forums' "prospective Applicant's Right to Relief"]
['civil Procedure'] ['preliminary Discovery' 'identity Discovery' 'orders for Discovery' 'online Forums' "prospective Applicant's Right to Relief"]

Case Brief

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Procedural Posture

Application for Preliminary Discovery / Reasons for Judgment and Final Orders

Legal Issues

  1. 1 ['Whether the prospective applicants may have a right to obtain relief against persons posting negative comments under certain usernames on an online forum' 'Whether the applicants are unable to ascertain the description of those persons' "Whether the respondent has or is likely to have control of documents that would help ascertain those persons' descriptions"]

Ratio Decidendi

The Court found that for several usernames, the applicants established they may have a right to relief—particularly where an inference could be drawn that the author was a former employee or competitor and relevant statutory obligations may have been breached, or possible causes of action suggested. Discovery was ordered for those usernames in accordance with r 7.22. For other usernames, the evidence was not sufficient to show that the applicants may have a right to obtain relief, and no discovery was ordered.

Court Disposition

Discovery orders granted in part; applicants to pay respondent's costs.

Orders

  • ['By 4.00 pm on 29 January 2016, Whirlpool to give discovery to the prospective applicants of relevant documents and electronic communications identifying user details for the eight consented usernames.' 'Discovery of specified user account applications and contact details for certain named individuals as described...