Polis v Zombor (No 3) [2019] FCA 1477

Polis v Zombor (No 3) [2019] FCA 1477

Preservation orders were appropriate because the evidence supported a finding that Luke Michael Zombor had actively avoided service of the Court's processes and that his parents had assisted him by not forwarding documents served at their residence. The data and information on their mobile phones was likely to provide evidence about his whereabouts, telephone number and possible knowledge of the applications against him, and there was a real risk it would be deleted if an application for inspection and copying were made. The orders were limited, non-onerous and expired on 31 October 2019.

Jurisdiction
Australia
Judgment Date
05 September 2019
Procedural Posture
Application for Preliminary Discovery With Interlocutory Application for Preservation Orders / Orders Made Under R 14.11 of the Federal Court Rules 2011 (cth) Pending a Further Application Under R 14.01 to Inspect and Copy Data From Mobile Phones
Outcome
Preservation orders made against Bela Gabor Zombor and Janet Denise Zombor; costs reserved.
Legal Topics
['preservation Orders' 'preliminary Discovery' 'substituted Service' 'inspection of Property' 'contempt' 'electronic Communications Data']
['practice and Procedure'] ['preservation Orders' 'preliminary Discovery' 'substituted Service' 'inspection of Property' 'contempt' 'electronic Communications Data']

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Procedural Posture

Application for Preliminary Discovery With Interlocutory Application for Preservation Orders / Orders Made Under R 14.11 of the Federal Court Rules 2011 (cth) Pending a Further Application Under R 14.01 to Inspect and Copy Data From Mobile Phones

Legal Issues

  1. 1 ['Whether preservation orders should be made under r 14.11 of the Federal Court Rules 2011 (Cth) over data and information on the mobile phones of Bela Gabor Zombor and Janet Denise Zombor.' 'Whether there was a real risk that relevant data and information would be deleted if Mr Polis applied for orders to inspect and copy the mobile phones.']

Ratio Decidendi

Preservation orders were appropriate because the evidence supported a finding that Luke Michael Zombor had actively avoided service of the Court's processes and that his parents had assisted him by not forwarding documents served at their residence. The data and information on their mobile phones was likely to provide evidence about his whereabouts, telephone number and possible knowledge of the applications against him, and there was a real risk it would be deleted if an application for inspection and copying were made. The orders were limited, non-onerous and expired on 31 October 2019.

Court Disposition

Preservation orders made against Bela Gabor Zombor and Janet Denise Zombor; costs reserved.

Orders

  • ['Pursuant to Rule 14.11 of the Federal Court Rules 2011 (Cth), until 31 October 2019 Bela Gabor Zombor must preserve specified WhatsApp messages, other mobile messaging service messages including SMS, and telephone numbers used by Luke Michael Zombor on and from 11 December 2017 stored on any mobile phone owned by...