Parthy v Grow MF Pty Ltd [2023] FCA 1037

Federal Court of Australia

Parthy v Grow MF Pty Ltd [2023] FCA 1037 Application for leave to appeal: Grow MF v Parthy [2023] FCA 442

File number: VID 356 of 2023

Judgment of: COLLIER J

Date of judgment: 31 August 2023

Catchwords: PRACTICE AND PROCEDURE – leave to appeal – interlocutory judgment and order – relevant principles for leave to appeal and interlocutory injunction orders

Legislation: Corporations Act 2001 (Cth)

Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Décor Corp Pty Ltd v Dart Industries Inc [1991] 33 FCR 397 Grow MF v Parthy [2023] FCA 442 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238

Division: Fair Work

Registry: Victoria

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 37

Date of hearing: 9 August 2023

Counsel for the Applicant: Applicant was self-represented

Counsel for the Respondent: L. Davis

Solicitor for the Respondent: SLF Lawyers

ORDERS VID 356 of 2023

BETWEEN: ANINDHA PARTHY Applicant

AND: GROW MF PTY LTD Respondent

order made by: COLLIER J DATE OF ORDER: 31 August 2023

THE COURT ORDERS THAT:

1. The application for leave to appeal the decision in Grow MF v Parthy [2023] FCA 442 be refused. 2. The applicant pay the costs of the respondent, such costs to be taxed if not otherwise agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

Collier J: 1 Before the Court is an application filed on 20 May 2023 for leave to appeal a decision of this Court in Grow MF v Parthy [2023] FCA 442 (primary decision). Before the primary Judge Grow MF Pty Ltd (Grow MF) sought orders (in summary) that the applicant, Anindha Parthy, restore access to certain technology accounts of Grow MF, and that Mr Parthy be restrained from otherwise dealing with any of the materials in those accounts. The primary Judge ordered on 4 May 2023 that: 1. Within 2 days of this Order, the Respondent: (a) Restore Mr Sohan Karunaratne's GitHub account "@sohank88" as an "owner" of the Grow Metrics GitHub Account and notify the Applicant's lawyers; and (b) Provide Mr Sohan Karunaratne with access as an administrator to the Growmetrics Figma Account and notify the Applicant's lawyer; and (c) Provide the Applicant's lawyers with a copy of all material held on the Growmetrics Production Environment (referred to by the Respondent as the Growmetrics QA Environment). 2. Until the hearing and determination of this proceeding or until further order, the Respondent (whether by himself, his employees or agents or otherwise howsoever) be restrained from, without the licence or authority of the Applicant or order from the Court: (a) accessing using in any manner whatsoever; (b) reproducing (other than for the purposes of this proceeding); (c) deleting, destroying, concealing or modifying, or taking any step which is likely to impede the recovery of; (d) disclosing to any third party (other than legal advisors for the purposes of this proceeding), the material held in the Grow Metrics GitHub Account, the GrowmetricsFigma Account, the Growmetrics Production Environment (referred to by the Respondent as the Growmetrics QA Environment) and/or the Growmetrics Slack Development Account. 3. Costs of the Applicant's application for interlocutory relief be reserved. 4. The parties have liberty to apply. 2 In seeking leave to appeal the applicant relied on the following grounds: 1. Anindha Parthy did not need to complete any action for orders 1a and 1c to be completed 2. The orders relied on unreliable evidence from other party Grow MF Pty Ltd (errors in original)