Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Howden Australia Pty Ltd v Minetek Pty Ltd (Forensic Imaging) [2020] FCA 1419 File number: NSD 827 of 2019
Judgment of: PERRAM J
Date of judgment: 2 October 2020
Catchwords: PRACTICE AND PROCEDURE – application that Respondents make available devices for forensic imaging and provide any images made – where standard discovery previously ordered – whether circumstances justify orders under Federal Court Rules 2011 (Cth) r 14.01(1)(a)(i) and (ii) – whether there is reason to doubt adequacy of discovery
Legislation: Evidence Act 1995 (Cth) ss 102, 103, 136 Federal Court Rules 2011 (Cth) r 14.01(1)(a)(i) and (ii)
Cases cited: Athlete's Foot Australia Pty Ltd v Divergent Technologies Pty Ltd (1997) 78 FCR 283 Cadence Australia Pty Ltd v Chew [2008] NSWSC 1074 Evans Deakin Pty Ltd v Orekinetics Pty Ltd [2002] QSC 042; 2 Qd R 345 Howden Australia Pty Ltd v Minetek Pty Ltd [2019] FCA 981 Howden Australia Pty Ltd v Minetek Pty Ltd (No 3) [2019] FCA 1851 Metso Minerals (Australia) Ltd v Kalra [2009] FCAFC 57
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Number of paragraphs: 58
Date of last submissions: 24 July 2020 (Respondents) 17 July 2020 (Applicants)
Date of hearing: Determined on the papers
Counsel for the Applicants: Mr J Hennessy SC with Ms E Bathurst
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