Rauland Australia Pty Ltd v Johnson (No 2) [2019] FCA 1175

Rauland Australia Pty Ltd v Johnson (No 2) [2019] FCA 1175

The application was dismissed because discovery had not yet occurred and discovery was the obvious next step. Access to the preserved forensic images at that stage would be premature and particularly intrusive, especially in relation to Hills' laptop containing commercially sensitive and irrelevant material. Even the .pst file should first be sought from Ms Johnson by notice to produce or discovery, with any later inability to obtain it being a matter that might support a renewed application.

Jurisdiction
Australia
Judgment Date
01 August 2019
Procedural Posture
Interlocutory Application Seeking Access to Forensic Images and an Email Account Obtained Under Earlier Search Orders / Determination of Applicant's Interlocutory Application Filed on 1 May 2019
Outcome
The applicant's interlocutory application was dismissed and costs were reserved.
Legal Topics
['search Orders' 'access to Seized Documents' 'discovery' 'third Party Discovery' 'forensic Images' 'confidential Information']
['practice and Procedure' 'intellectual Property'] ['search Orders' 'access to Seized Documents' 'discovery' 'third Party Discovery' 'forensic Images' 'confidential Information']

Case Brief

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Procedural Posture

Interlocutory Application Seeking Access to Forensic Images and an Email Account Obtained Under Earlier Search Orders / Determination of Applicant's Interlocutory Application Filed on 1 May 2019

Legal Issues

  1. 1 ["Whether the applicant's independent computer expert should be given access to forensic images and an email account obtained under earlier search orders for the purpose of identifying material relevant to the pleaded issues." 'Whether access to material preserved under search orders should be granted before discovery has taken place.' 'Whether r 20.23 of the Federal Court Rules and ss 37M and 37P of the Federal Court of Australia Act 1976 (Cth) supported the orders sought.']

Ratio Decidendi

The application was dismissed because discovery had not yet occurred and discovery was the obvious next step. Access to the preserved forensic images at that stage would be premature and particularly intrusive, especially in relation to Hills' laptop containing commercially sensitive and irrelevant material. Even the .pst file should first be sought from Ms Johnson by notice to produce or discovery, with any later inability to obtain it being a matter that might support a renewed application.

Court Disposition

The applicant's interlocutory application was dismissed and costs were reserved.

Orders

  • ["The applicant's interlocutory application filed on 1 May 2019 is dismissed." 'Costs are reserved.']