Alzheimer's Association of Queensland Inc v Nabelsy [2023] FCA 851

Federal Court of Australia

Alzheimer's Association of Queensland Inc v Nabelsy [2023] FCA 851 File number(s): NSD 268 of 2023

Judgment of: BURLEY J

Date of judgment: 26 July 2023

Catchwords: PRACTICE AND PROCEDURE – inspection of personal computer – balancing considerations – intrusive orders sought – speculative case – undertakings offered – application dismissed. PRACTICE AND PROCEDURE – application pursuant to r 8.21 of the Federal Court Rules 2011 (Cth) to file and serve further amended originating application – application allowed.

Legislation: Evidence Act 1995 (NSW) s 193 Federal Court Rules 2011 (Cth) rr 8.21, 14.01(1)

Cases cited: Career Step, LLC v TalentMed Pty Ltd [2017] FCA 492 Norm Engineering Pty Ltd v Digga Australia Pty Ltd [2005] FCA 1378

Division: General Division

Registry: New South Wales

National Practice Area: Intellectual Property

Sub-area: Copyright and Industrial Designs

Number of paragraphs: 56

Date of hearing: 24 July 2023

Counsel for the Applicant: Mr I Neil SC with Ms R Kumar

Solicitor for the Applicant: Hall Payne Lawyers

Counsel for the Respondent: Mr R C Gration

Solicitor for the Respondent: Petrine Costigan Lawyers

ORDERS NSD 268 of 2023

BETWEEN: ALZHEIMER'S ASSOCIATION OF QUEENSLAND INC Applicant

AND: HAISSAM NABELSY Respondent

order made by: BURLEY J DATE OF ORDER: 26 JULY 2023

THE COURT NOTES THE UNDERTAKING TO THE COURT OF THE RESPONDENT THAT: (1) Within two days he will deliver up to AAQ any AAQ confidential information in his possession or control and the Jotform username and password; (2) In the event that there is no information in 1 to return, he will file and serve an affidavit to that effect within two days; (3) He undertakes to the Court and to AAQ that he will not use or disclose any confidential information of AAQ for his own benefit or for the benefit of anyone else.