James & Anor v Faddoul & Anor [2006] NSWSC 1330

James & Anor v Faddoul & Anor [2006] NSWSC 1330

Given the absence of any basis for the defendants to retain the images and evidence suggesting possession and distribution, a mandatory interlocutory injunction for delivery up of images and related discovery orders, including forensic inspection by a court-appointed expert, are justified.

Jurisdiction
Australia
Judgment Date
11 September 2006
Procedural Posture
Civil / Interlocutory Application
Outcome
Interlocutory injunction and discovery orders granted. Court expert appointed to inspect computers. Costs awarded to plaintiffs.
Legal Topics
['injunctions' 'discovery' 'inspection of Electronic Evidence']
['equity'] ['injunctions' 'discovery' 'inspection of Electronic Evidence']

Case Brief

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Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 ['Whether to grant an interlocutory mandatory injunction for delivery up of images' 'Whether to order discovery on the possession and transmission of private images' "Whether to order inspection of defendants' computers by a court-appointed expert"]

Ratio Decidendi

Given the absence of any basis for the defendants to retain the images and evidence suggesting possession and distribution, a mandatory interlocutory injunction for delivery up of images and related discovery orders, including forensic inspection by a court-appointed expert, are justified.

Court Disposition

Interlocutory injunction and discovery orders granted. Court expert appointed to inspect computers. Costs awarded to plaintiffs.

Orders

  • ['Blue Spark Pty Limited joined as third plaintiff.' "Defendants to deliver all copies of relevant images to plaintiffs' solicitors within seven days (mandatory interlocutory injunction, upon plaintiffs' undertaking as to damages)." 'Defendants to make affidavit discovery regarding existence and disposition of...