Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zafra Legal Pty Ltd v Harris [2018] FCA 908 File numbers: WAD 329 of 2017
Judge: BARKER J
Date of judgment: 15 June 2018
Catchwords: CORPORATIONS – interpleader proceeding under Part 18 of the Federal Court Rules 2011 (Cth) – application for orders for delivery up or possession of hard drives held by applicant – where hard drives contained electronic copies of documents seized under search warrant executed by the Australian Federal Police (AFP) – where AFP subsequently seized hard drives from applicant – whether third respondent requested copies of the documents on his own behalf or on behalf of relevant companies – whether his request was unlawful – whether the companies have a right to recover possession of or otherwise have a right to demand delivery up to them of the hard drives or electronic files – where the request made under section 3N of the Crimes Act 1914 (Cth) was made on behalf of the third respondent personally and the relevant companies – where the request was not unlawful – where the companies are entitled to demand the delivery up of the hard drive or electronic files but not to the exclusion of the third respondent's right to possession
Legislation: Corporations Act 2001 (Cth) s 438C and s 530B Crimes Act 1914 (Cth) s 3N Evidence Act 1995 (Cth) s 191 Judiciary Act 1903 (Cth) s 39B Federal Court Rules 2011 (Cth) Pt 18
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