Metso Minerals (Australia) Ltd v Kalra (No 2) [2007] FCA 2108

FEDERAL COURT OF AUSTRALIA

Metso Minerals (Australia) Ltd v Kalra (No 2) [2007] FCA 2108

Search order – Order 25B – subsequent variation – no continuing fear of evidence being destroyed

METSO MINERALS (AUSTRALIA) LTD (ACN 000197428) AND METSO MINERALS INDUSTRIES INC v RAJIV KALRA, MICHAEL RAUSCHER, TUCKWOOD DRAFTING PTY LTD AND STEVEN TUCKWOOD NSD 2426 OF 2007

FLICK J

14 december 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2426 OF 2007

BETWEEN: METSO MINERALS (AUSTRALIA) LTD (ACN 000197428)

First Applicant

METSO MINERALS INDUSTRIES INC

Second Applicant

AND: RAJIV KALRA

First Respondent

MICHAEL RAUSCHER

Second Respondent

TUCKWOOD DRAFTING PTY LTD

Third Respondent

STEVEN TUCKWOOD

Fourth Respondent

JUDGE: FLICK J

DATE OF ORDER: 14 DECEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

Access to Documents and Materials Produced to the Court

1. Upon the undertakings in Schedule A being given to the Court, the Independent Solicitor be granted leave to uplift all electronic copies of computer hard drives and storage media ('electronic copies')produced to the Court today in accordance with Order 20(e) of the orders of the Court of 11 December, 2007 ('Orders') and to deliver all such electronic copies to the Independent Computer Expert for the purpose of the Independent Computer Expert recovering and examining the electronic copies to search for the listed things (as defined in the orders) in accordance with written instructions provided by the Applicants' solicitors and, if requested, by the Respondents' solicitors, in each case copied to all other solicitors.

2. The legal representatives for the parties be granted photocopy access to the hard copies of documents produced to the Court today in accordance with Order 20(e) of the Orders and access to the hard copies is limited to: