Mosaic Brands Ltd v Australian Communications and Media Authority [2020] FCA 1527

Federal Court of Australia

Mosaic Brands Ltd v Australian Communications and Media Authority [2020] FCA 1527 File number: NSD 1025 of 2020

Judgment of: NICHOLAS J

Date of judgment: 20 October 2020

Legislation: Federal Court of Australia Act 1976 (Cth) s 23 Telecommunications Act 1997 (Cth) s 522

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 11

Date of hearing: 20 October 2020

Counsel for the Applicant: Mr T Brennan SC

Solicitor for the Applicant: Uther Webster & Evans

Counsel for the Respondents: Mr A D'Arville

Solicitor for the Respondents: Australian Government Solicitor

ORDERS NSD 1025 of 2020

BETWEEN: MOSAIC BRANDS LTD Applicant

AND: AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY First Respondent

JEREMY FENTON Second Respondent

order made by: NICHOLAS J DATE OF ORDER: 20 october 2020

THE COURT NOTES THAT:

1. Upon the first respondent, by its counsel, giving the usual undertaking as to damages, namely to: (a) submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person whether or not a party, adversely affected by the operation of these orders; and (b) pay the compensation referred to in (a) to the person or persons there referred to.

THE COURT ORDERS THAT:

1. Until further order, Mosaic Brands Ltd (Mosaic Brands) take all reasonable steps to preserve, including halting any process of deletion or destruction of, all commercial electronic messages which were sent by Mosaic Brands (or another entity on its behalf) to the electronic addresses set out in Schedule C of the Notice dated 13 August 2020 issued by the Australian Communications and Media Authority (ACMA) pursuant to s 522 of the Telecommunications Act 1997 (Cth) (Notice). 2. Until further order, Mosaic Brands take all reasonable steps to preserve, including halting any process of deletion or destruction of, any additional information or documents held or controlled by Mosaic Brands (or another entity on its behalf) that is responsive to the information and documents required to be produced in answer to Schedule B of the Notice. 3. By 4.00pm on 27 October 2020, Mosaic Brands file and serve an affidavit made by its duly authorised company secretary that specifies to the best of his or her knowledge, information or belief based on proper and reasonable inquiries what steps have been taken to prevent the deletion or destruction of any commercial electronic message, document or information pursuant to orders 1 and 2 above. 4. Mosaic Brands pay ACMA's costs of the interlocutory application filed on 19 October 2020. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.