Cadence Australia Pty Ltd v Chew [2008] NSWSC 1076

Cadence Australia Pty Ltd v Chew [2008] NSWSC 1076

Inspection of the defendant's computer was permitted only in relation to John Boyd Properties, as there were no matters in question in the proceedings regarding other persons or entities for whom no evidence of recent client status or contact exists.

Parties
Plaintiff: Cadence Australia Pty Limited; Defendant: Simon Chew
Jurisdiction
Australia
Judgment Date
26 September 2008
Procedural Posture
Application Under Uniform Civil Procedure Rules 2005 R 23.8 / Interlocutory Ruling on Scope of Permitted Computer Inspection
Outcome
Partly granted; inspection limited to material concerning John Boyd Properties.
Legal Topics
Inspection of Property, Procedure Under Rules of Court
Civil Procedure Equity Inspection of Property Procedure Under Rules of Court

Case Brief

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Parties

Cadence Australia Pty Limited

Plaintiff

Simon Chew

Defendant

Procedural Posture

Application Under Uniform Civil Procedure Rules 2005 R 23.8 / Interlocutory Ruling on Scope of Permitted Computer Inspection

Legal Issues

  1. 1 Whether inspection of defendant's computer should be limited to material relevant to contact with particular former clients of plaintiff

Ratio Decidendi

Inspection of the defendant's computer was permitted only in relation to John Boyd Properties, as there were no matters in question in the proceedings regarding other persons or entities for whom no evidence of recent client status or contact exists.

Court Disposition

Partly granted; inspection limited to material concerning John Boyd Properties.

Orders

  • Examination of the defendant's computer limited to investigating contact with John Boyd Properties; application as to other persons refused.