Cadence Australia Pty Ltd v Chew [2008] NSWSC 1074

Cadence Australia Pty Ltd v Chew [2008] NSWSC 1074

Production and inspection of the defendant's computer was ordered because the proper determination of proceedings may require examination of its contents for relevant material; a threshold of mere possibility is sufficient, and inspection must protect confidential information of both parties and third parties.

Parties
Plaintiff: Cadence Australia Pty Limited; Defendant: Simon Chew
Jurisdiction
Australia
Judgment Date
19 September 2008
Procedural Posture
Application Under Civil Procedure Act 2005 S 68 / Interlocutory Decision
Outcome
Access granted for inspection of contents of computer, subject to regime protecting confidentiality; parties to confer to agree on examination method; court intervention available if agreement not reached.
Legal Topics
Inspection of Property, Production of Computer for Inspection, Threshold Criteria for Inspection, Confidential Information Protection
Procedure Equity Inspection of Property Production of Computer for Inspection Threshold Criteria for Inspection Confidential Information Protection

Case Brief

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Parties

Cadence Australia Pty Limited

Plaintiff

Simon Chew

Defendant

Procedural Posture

Application Under Civil Procedure Act 2005 S 68 / Interlocutory Decision

Legal Issues

  1. 1 Whether an order should be made for inspection of the contents of the defendant's computer under r 23.8(1) of the Uniform Civil Procedure Rules 2005
  2. 2 Whether the defendant's denial that the computer contains relevant material is conclusive
  3. 3 Criteria for inspection versus further discovery

Ratio Decidendi

Production and inspection of the defendant's computer was ordered because the proper determination of proceedings may require examination of its contents for relevant material; a threshold of mere possibility is sufficient, and inspection must protect confidential information of both parties and third parties.

Court Disposition

Access granted for inspection of contents of computer, subject to regime protecting confidentiality; parties to confer to agree on examination method; court intervention available if agreement not reached.

Orders

  • Defendant to produce laptop computer to Court for inspection by a suitable expert to identify material relevant to the proceedings.
  • Inspection regime must protect confidential information of defendant and third party (Mr Harding's client).