In the matter of Fresh Venues Pty Ltd [2020] NSWSC 672

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Fresh Venues Pty Ltd [2020] NSWSC 672 Hearing dates: 25 May 2020 Decision date: 25 May 2020 Jurisdiction: Equity - Corporations List Before: Black J Decision: Proceedings stayed until further order, and relisted on 7 December 2020 with a view to dismissal unless there is change in position in respect of access to emails. Catchwords: CIVIL PROCEDURE — Stay of proceedings — Where Defendant's emails lost and cannot be retrieved following access by Plaintiff to Defendant's email account — Where no evidence steps taken to rectify using Plaintiff's corresponding emails provided adequate or complete rectification — Whether loss of access to emails prevents just determination of proceedings. Legislation Cited: - Uniform Rules of Civil Procedure 2005 (NSW), r 13.4 Cases Cited: - British American Tobacco Australia Services Ltd v Cowell (2002) 7 VR 524 - Clark v State of New South Wales [2006] NSWSC 673; 66 NSWLR 640 - Logicrose Ltd v Southend United Football Club Ltd (unreported, Chancery Division 5 February 1988) - National Builders Group IP Holdings Pty Ltd v ACN 092 675 164 Pty Ltd (in liq) [2015] VSCA 260 - Palavi v Queensland Newspapers Pty Ltd [2012] NSWCA 182; 84 NSWLR 523 Category: Procedural and other rulings Parties: Annie Roberts (Plaintiff) #One Pty Ltd (First Defendant) Kris Wilkinson (Second Defendant) Maxime Wilkinson (Third Defendant) Representation: Counsel: R Notley (Plaintiff)