Francis v Draybi [2020] NSWSC 1111

Supreme Court New South Wales

Medium Neutral Citation: Francis v Draybi [2020] NSWSC 1111 Hearing dates: 18 June 2020 Date of orders: 20 August 2020 Decision date: 20 August 2020 Jurisdiction: Equity Before: Robb J Decision: (1) The plaintiffs' summons, filed on 15 May 2020, is dismissed. (2) Order the plaintiffs to pay the defendants' costs of the proceedings. Catchwords: EQUITY — Claim by plaintiffs for orders for production of documents and information in the possession, custody or control of the defendants belonging to the plaintiffs, produced under contract for the plaintiffs, or containing the plaintiffs' confidential information — where defendants have made a credible and conscientious effort to disclose all of the documents and information within the stipulated categories — where the Court accepts the evidence given for the defendants that all reasonable searches have been carried out — whether the Court should order the defendants to permit the plaintiffs' information technology professional to image and search the defendants' computers and electronic data storage facilities, and if so on what terms — where there is insufficient likelihood that the investigations would yield additional documents or information to justify the intrusion upon the defendants' private rights — summons dismissed Cases Cited: Anton Piller KG v Manufacturing Processes Ltd [1976] Ch D 55 Category: Principal judgment Parties: Hanna Elias Francis (first plaintiff) Hayat Francis (second plaintiff) Sympathy Funerals Pty Ltd (third plaintiff) Raymond Draybi (first defendant) Draybi Accountants Pty Ltd (second defendant) Representation: Counsel: D Smallbone (plaintiffs) C O'Neill (defendants)