Slick v Westpac Banking Corporation (ACN 007 457 141) (No 2) [2006] FCA 1712

Slick v Westpac Banking Corporation (ACN 007 457 141) (No 2) [2006] FCA 1712

Further discovery and forensic examination were ordered for Quadrant’s current computer systems in specific categories due to insufficient internal searches and evidence that relevant data may exist; no further orders were made for Westpac due to disproportionate burden and only theoretical possibility of additional documents.

Parties
First Applicant: Earl Slick; Second Applicant: Leo Michael Seward; Second Applicant: Virginia Joy Seward; First Respondent: Westpac Banking Corporation (ACN 007 457 141); Second Respondent: Westpac Private Equity Pty Ltd (formerly known as Westpac Development Capital Pty Ltd, ACN 071 205 715)
Jurisdiction
Australia
Judgment Date
08 December 2006
Procedural Posture
Motion Seeking Further Discovery / Interlocutory
Outcome
Motion granted in part
Legal Topics
Discovery, Electronic Documents, Forensic Examination, Federal Court Rules
Civil Procedure Discovery Electronic Documents Forensic Examination Federal Court Rules

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Parties

Earl Slick

First Applicant

Leo Michael Seward

Second Applicant

Virginia Joy Seward

Second Applicant

Westpac Banking Corporation (ACN 007 457 141)

First Respondent

Westpac Private Equity Pty Ltd (formerly known as Westpac Development Capital Pty Ltd, ACN 071 205 715)

Second Respondent

Procedural Posture

Motion Seeking Further Discovery / Interlocutory

Legal Issues

  1. 1 Whether respondents failed to give full discovery in relation to electronic documents
  2. 2 Whether further forensic examination of respondents’ computer systems and back-up material should be ordered
  3. 3 Factors relevant to the exercise of discretion for further discovery

Ratio Decidendi

Further discovery and forensic examination were ordered for Quadrant’s current computer systems in specific categories due to insufficient internal searches and evidence that relevant data may exist; no further orders were made for Westpac due to disproportionate burden and only theoretical possibility of additional documents.

Court Disposition

Motion granted in part

Orders

  • Further discovery and forensic examination by Forensic Data Services is ordered for Quadrant’s current system in the primary categories in Schedule A to the notice of motion, with limitations specified in the applicant’s submissions.
  • Motion otherwise dismissed.