JAG MEDIA LIMITED V MAGNA SYSTEMS ENGINEERING (NZ) LIMITED HC AK CIV-2012-404-001965

JAG MEDIA LIMITED V MAGNA SYSTEMS ENGINEERING (NZ) LIMITED HC AK CIV-2012-404-001965

The court will not grant a without‑notice inspection under r 9.34 in circumstances that amount to a search/forensic imaging without first requiring the applicant to proceed under Part 33 and satisfy its heightened safeguards (strong prima facie case, risk of loss/destruction, evidence respondent possesses material); the current application is adjourned to permit an amended Part 33 application to be filed by a fixed deadline, failing which the application will be dismissed.

Citation
openlaw-188172c8_605d_412b_a152_e96ac11d3d13.pdf
Parties
First Plaintiff: Jag Media Limited; Second Plaintiff: Broadcast Inc Limited; First Defendant: Magna Systems Engineering (NZ) Limited; Second Defendant: Country 99 TV Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 April 2012
Procedural Posture
Civil Damages Proceedings; Interlocutory Application for Without‑notice Inspection of Computer Systems / Pre‑service; Interlocutory Without‑notice Application (adjourned)
Outcome
No order under r 9.34 granted; application adjourned to enable plaintiffs to file an amended application under Part 33; if no Part 33 application filed by 5pm Friday 20 April 2012 the present application will stand dismissed.
Legal Topics
Rule 9.34 Inspections, Part 33 Search Orders/anton Piller Orders, Without‑notice Relief, Forensic Imaging of Computers, Protection of Confidential and Third‑party Material
Civil Procedure Evidence Confidential Information Search and Seizure Computer Forensics Rule 9.34 Inspections Part 33 Search Orders/anton Piller Orders Without‑notice Relief +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Jag Media Limited

First Plaintiff

Broadcast Inc Limited

Second Plaintiff

Magna Systems Engineering (NZ) Limited

First Defendant

Country 99 TV Limited

Second Defendant

Procedural Posture

Civil Damages Proceedings; Interlocutory Application for Without‑notice Inspection of Computer Systems / Pre‑service; Interlocutory Without‑notice Application (adjourned)

Legal Issues

  1. 1 Whether r 9.34 authorises a without‑notice invasive inspection of computers prior to service
  2. 2 Whether the safeguards and threshold for Part 33 search orders apply to this application
  3. 3 Whether plaintiffs must file an application under r 33 and demonstrate a strong prima facie case and risk of destruction

Ratio Decidendi

The court will not grant a without‑notice inspection under r 9.34 in circumstances that amount to a search/forensic imaging without first requiring the applicant to proceed under Part 33 and satisfy its heightened safeguards (strong prima facie case, risk of loss/destruction, evidence respondent possesses material); the current application is adjourned to permit an amended Part 33 application to be filed by a fixed deadline, failing which the application will be dismissed.

Court Disposition

No order under r 9.34 granted; application adjourned to enable plaintiffs to file an amended application under Part 33; if no Part 33 application filed by 5pm Friday 20 April 2012 the present application will stand dismissed.

Orders

  • Publication prohibited of names or identifying particulars of the parties until 5pm Monday 23 April 2012.
  • Application under r 9.34 refused at this time and adjourned to permit plaintiffs to file an amended application under Part 33.