Central Innovation Pty Ltd v Garner [2017] FCA 5

Central Innovation Pty Ltd v Garner [2017] FCA 5

It is appropriate in the circumstances to order the prospective respondent to request the relevant electronic devices from his employer for imaging, as there is a real likelihood of compliance, and the order assists compliance with preservation orders aimed at preserving potentially discoverable evidence.

Jurisdiction
Australia
Judgment Date
03 January 2017
Procedural Posture
Urgent Application Before Commencement of Proceeding / Interlocutory (preservation Orders and Compliance)
Outcome
Order granted; application for variation of original orders allowed to facilitate compliance.
Legal Topics
['preservation Orders' 'compliance With Court Orders' 'access to Third Party Property' 'injunctions' 'confidential Information']
['practice and Procedure' 'commercial Law'] ['preservation Orders' 'compliance With Court Orders' 'access to Third Party Property' 'injunctions' 'confidential Information']

Case Brief

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Procedural Posture

Urgent Application Before Commencement of Proceeding / Interlocutory (preservation Orders and Compliance)

Legal Issues

  1. 1 ['Whether the Court may order a party to request access to electronic devices in the possession of a third party (the employer) for preservation purposes' 'Whether there is a real likelihood the party would be given access by the third party upon request']

Ratio Decidendi

It is appropriate in the circumstances to order the prospective respondent to request the relevant electronic devices from his employer for imaging, as there is a real likelihood of compliance, and the order assists compliance with preservation orders aimed at preserving potentially discoverable evidence.

Court Disposition

Order granted; application for variation of original orders allowed to facilitate compliance.

Orders

  • ['Orders of 23 December 2016 varied to include contempt warning.' 'Mr Garner required to request his employer (NC Cadcam Systems Pty Ltd) provide relevant electronic devices for imaging by 5 January 2017.' 'Any application to vary or set aside orders to be filed and served by 5 January 2017.' 'Any supporting...