Data Processor Pty Ltd v Launtel Pty Ltd [2023] NSWSC 422

Data Processor Pty Ltd v Launtel Pty Ltd [2023] NSWSC 422

Preliminary discovery was granted because the plaintiff needed Mr O'Toole's current whereabouts to seek search orders, had made reasonable inquiries, further inquiries risked alerting him, the plaintiff had a good arguable case for a search order, and each defendant may hold material enabling identification of his whereabouts.

Jurisdiction
Australia
Judgment Date
19 April 2023
Procedural Posture
Application for Preliminary Discovery Under Uniform Civil Procedure Rules 2005 (nsw) R 5.2 / Ex Tempore Judgment on Plaintiff's Application for Preliminary Discovery
Outcome
Preliminary discovery granted
Legal Topics
['preliminary Discovery' 'discovery to Identify Whereabouts of Potential Defendant' 'search Orders' 'suppression and Non Publication Orders']
['civil Procedure' 'equity Commercial List'] ['preliminary Discovery' 'discovery to Identify Whereabouts of Potential Defendant' 'search Orders' 'suppression and Non Publication Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Preliminary Discovery Under Uniform Civil Procedure Rules 2005 (nsw) R 5.2 / Ex Tempore Judgment on Plaintiff's Application for Preliminary Discovery

Legal Issues

  1. 1 ["Whether the plaintiff should be granted preliminary discovery to establish the whereabouts of Mr Sean O'Toole." "Whether the plaintiff had made reasonable inquiries concerning Mr O'Toole's whereabouts." "Whether the defendants may have documents or material enabling the plaintiff to identify Mr O'Toole's whereabouts." "Whether non-publication and restraint orders were necessary to prevent Mr O'Toole being put on notice before proposed search orders could be sought."]

Ratio Decidendi

Preliminary discovery was granted because the plaintiff needed Mr O'Toole's current whereabouts to seek search orders, had made reasonable inquiries, further inquiries risked alerting him, the plaintiff had a good arguable case for a search order, and each defendant may hold material enabling identification of his whereabouts.

Court Disposition

Preliminary discovery granted

Orders

  • ["Leave to the plaintiff to file the summons and specified affidavits upon the undertaking of the plaintiff's solicitor to pay the applicable filing fee." 'The summons be made returnable instanter.' 'Pursuant to r. 5.2(7), the plaintiff need not serve the summons on the defendants.' "Pursuant to r. 5.2(2), by 4pm on...