Brags Electrics Pty Ltd trading as Inscope Building Technologies v Steven Mark Gregory [2010] NSWSC 1205

Brags Electrics Pty Ltd trading as Inscope Building Technologies v Steven Mark Gregory [2010] NSWSC 1205

No bad faith or material non-disclosure was established; the Anton Piller order having been executed, it would not be appropriate to set it aside now, even though with further argument about the Keylogger screen shot the order would not have been made originally. Remedy for unjustified order is pursuant to the undertaking as to damages.

Parties
Plaintiff: Brags Electrics Pty Ltd trading as Inscope Building Technologies; Defendant: Steven Mark Gregory
Jurisdiction
Australia
Judgment Date
06 September 2010
Procedural Posture
Civil / Interlocutory Application to Set Aside Anton Piller Order
Outcome
Application to set aside Anton Piller order declined.
Legal Topics
Anton Piller Orders, Ex Parte Orders, Material Non Disclosure, Bad Faith, Search Orders, Interlocutory Relief, Undertaking as to Damages
Civil Procedure Anton Piller Orders Ex Parte Orders Material Non Disclosure Bad Faith Search Orders Interlocutory Relief Undertaking as to Damages

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Parties

Brags Electrics Pty Ltd trading as Inscope Building Technologies

Plaintiff

Steven Mark Gregory

Defendant

Procedural Posture

Civil / Interlocutory Application to Set Aside Anton Piller Order

Legal Issues

  1. 1 Whether the Anton Piller order should be set aside
  2. 2 Whether there was bad faith or material non-disclosure in obtaining the order
  3. 3 Whether sufficient grounds existed for the original Anton Piller order

Ratio Decidendi

No bad faith or material non-disclosure was established; the Anton Piller order having been executed, it would not be appropriate to set it aside now, even though with further argument about the Keylogger screen shot the order would not have been made originally. Remedy for unjustified order is pursuant to the undertaking as to damages.

Court Disposition

Application to set aside Anton Piller order declined.

Orders

  • Leave granted to both parties, their legal representatives and their computer experts, to inspect in the presence of the independent solicitor, the things removed pursuant to the search order and to make copies.
  • Access to the material is allowed only by the defendant, his representatives, and expert until 20 September 2010, then by both parties.