Grant v Marshall [2003] FCA 1161

FEDERAL COURT OF AUSTRALIA

Grant v Marshall [2003] FCA 1161 INGEBORG LUISE GRANT v ROBIN MARSHALL & ORS N1038 OF 2003 EMMETT J 19 SEPTEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1038 OF 2003

BETWEEN: INGEBORG LUISE GRANT

APPLICANT

AND: ROBIN MARSHALL

FIRST RESPONDENT

BMP TRAVEL & TOURISM GROUP PTY LTD

ACN 097 407 433

SECOND RESPONDENT

DIANE MARSHALL

THIRD RESPONDENT

COUNCIL OF THE CITY OF WILLOUGHBY

FOURTH RESPONDENT

COUNCIL OF THE MUNICIPALITY OF MOSMAN

FIFTH RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 19 SEPTEMBER 2003

WHERE MADE: SYDNEY

By consent, upon noting the undertaking of the applicant to pay to the Fourth and Fifth Respondents their reasonable costs of complying with the following Orders, the Court makes the following Orders: 1. That, until further order, the Fourth Respondent, whether by itself, its servants, its agents or otherwise, refrain from deleting, moving, erasing, altering, concealing or tampering with any document or copy of document, whether electronic or otherwise, in its possession, custody or power, which: (a) was made or dated in the period 14 October 2002 to date and refers or relates to the email address robertmenin59@hotmail.com; (b) was made or dated in the period 14 October 2002 to date and refers or relates to the identity of any person using a computer to send or receive email: (i) via an account in the name of robertmenin59@hotmail.com; and (ii) from any library in the Shorelink network on 29 July 2003; (c) was made or dated in the period 4 August 2003 to date and which refers or relates to investigations undertaken by or on behalf of the Fourth Respondent, or any employee of any library in the Shorelink network of libraries: (i) to ascertain the identity of a person using the email address robertmenin@hotmail.com at any time; or (ii) regarding the I.P. address 203.111.117.212. 2. That the Fourth Respondent produce to the Court at Queen Square Sydney on 26 September 2003 all documents or copies of documents, whether electronic or otherwise, in its possession, custody or power, which: (a) were made or dated in the period 14 October 2002 to date and refer or relate to the email address robertmenin59@hotmail.com; (b) were made or dated in the period 14 October 2002 to date and refer or relate to the identity of any person using a computer to send or receive email: (i) via an account in the name of robertmenin59@hotmail.com; and (ii) from any library in the Shorelink network on 29 July 2003; (c) were made or dated in the period 4 August 2003 to date and which refer or relate to investigations undertaken by or on behalf of the Fourth Respondent, or any employee of any library in the Shorelink network of libraries: (i) to ascertain the identity of a person using the email address robertmenin@hotmail.com at any time; or (ii) regarding the I.P. address 203.111.117.212. 3. That until further order, the Fifth Respondent, whether by itself, its servants, its agents or otherwise, refrain from deleting, moving, erasing, altering, concealing or tampering with any document or copy of document, whether electronic or otherwise, in its possession, custody or power, which: (a) was made or dated in the period 14 October 2002 to date and refers or relates to the email address robertmenin59@hotmail.com; (b) was made or dated in the period 14 October 2002 to date and refers or relates to the identity of any person using a computer to send or receive email: (i) via an account in the name of robertmenin59@hotmail.com; and (ii) from any library in the Shorelink network on 29 July 2003; (c) was made or dated in the period 4 August 2003 to date and which refers or relates to investigations undertaken by or on behalf of the Fifth Respondent, or any employee of any library in the Shorelink network of libraries: (i) to ascertain the identity of a person using the email address robertmenin@hotmail.com at any time; or (ii) regarding the I.P. address 203.111.117.212. 4. That upon his giving an undertaking in the form attached to these Orders (Annexure B) the Fifth Respondent provide Peter Chapman with access to the hard drive, and all copies which have been made in the period 5 August 2003 to date of the hard drive, of the computer which is associated with IP address 203.111.117.212. for the purpose of enabling the process described in Annexure A to these Orders to be carried out. 5. That the Fifth Respondent produce to the Court at Queen Square Sydney on 26 September 2003 all documents or copies of documents, whether electronic or otherwise, in its possession, custody or power (other than the hard drive of the computer which is associated with IP address 203.111.117.212.), which: (a) were made or dated in the period 14 October 2002 to date and refer or relate to the email address robertmenin59@hotmail.com; (b) were made or dated in the period 14 October 2002 to date and refer or relate to the identity of any person using a computer to send or receive email: (i) via an account in the name of robertmenin59@hotmail.com; and (ii) from any library in the Shorelink network on 29 July 2003; (c) were made or dated in the period 4 August 2003 to date and which refer or relate to investigations undertaken by or on behalf of the Fifth Respondent, or any employee of any library in the Shorelink network of libraries: (i) to ascertain the identity of a person using the email address robertmenin@hotmail.com at any time; or (ii) regarding the I.P. address 203.111.117.212. 6. The matter be stood over to 31 October 2003 Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.