Howden Australia Pty Ltd v Minetek Pty Ltd (No 3) [2019] FCA 1851

Howden Australia Pty Ltd v Minetek Pty Ltd (No 3) [2019] FCA 1851

Orders for forensic imaging or wider discovery by category were not appropriate at the current stage; verified standard discovery was the correct approach as it meets the requirements of the Federal Court Rules, and specific deficiencies in discovery can be addressed later if they arise.

Parties
Applicant: Howden Australia Pty Ltd; Applicant: James Howden & Company Limited; Respondent: Minetek Pty Ltd; Respondent: Minetek Investments Pty Ltd; Respondent: Remy Marcel Sydney Bourcier
Jurisdiction
Australia
Judgment Date
11 November 2019
Procedural Posture
Interlocutory Application / Application for Discovery and Preservation Orders Prior to Trial
Outcome
Applicants' orders for affidavits and forensic imaging refused; verified standard discovery ordered; applicants' application otherwise stood over; costs reserved.
Legal Topics
Discovery, Preservation of Evidence, Forensic Imaging, Confidential Information
Practice and Procedure Intellectual Property Discovery Preservation of Evidence Forensic Imaging Confidential Information

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Parties

Howden Australia Pty Ltd

Applicant

James Howden & Company Limited

Applicant

Minetek Pty Ltd

Respondent

Minetek Investments Pty Ltd

Respondent

Remy Marcel Sydney Bourcier

Respondent

Procedural Posture

Interlocutory Application / Application for Discovery and Preservation Orders Prior to Trial

Legal Issues

  1. 1 Whether orders should be made for the respondents to file affidavits explaining compliance with previous preservation orders
  2. 2 Whether orders should be made for forensic imaging of respondents' storage devices
  3. 3 Whether discovery should be by categories or standard discovery

Ratio Decidendi

Orders for forensic imaging or wider discovery by category were not appropriate at the current stage; verified standard discovery was the correct approach as it meets the requirements of the Federal Court Rules, and specific deficiencies in discovery can be addressed later if they arise.

Court Disposition

Applicants' orders for affidavits and forensic imaging refused; verified standard discovery ordered; applicants' application otherwise stood over; costs reserved.

Orders

  • Order 1 (affidavit explaining compliance) refused.
  • Order 5 (discovery by categories) granted only to extent that respondents give verified standard discovery by set date, excluding quantum issues, and identifying source and user where possible.