Skytraders Pty Ltd v Ian Wallace Meyer [2021] NSWSC 1670

Supreme Court New South Wales

Medium Neutral Citation: Skytraders Pty Ltd v Ian Wallace Meyer [2021] NSWSC 1670 Hearing dates: 19 November 2021 Date of orders: 17 December 2021 Decision date: 17 December 2021 Jurisdiction: Equity Before: Rein J Decision: See [60]-[61] Catchwords: CIVIL PROCEDURE — Interim preservation — Search orders — Grounds on which ordered — Competing applications by the Plaintiff and First Defendant in relation to search orders made by the Court — By its application, the Plaintiff seeks orders for a mapping analysis to be conducted in respect of the documents seized pursuant to the Court's search orders — By his application, the First Defendant seeks an order that the Court's search orders be set aside for material non-disclosure — The First Defendant also resists the Plaintiff's application for a mapping analysis to be conducted and seeks usual orders for the progress of the proceedings — Consideration of whether there was any material non-disclosure by the Plaintiff at the ex parte hearing at which the search orders were obtained — Consideration of whether the Plaintiff is entitled to orders by which the independent forensic computer experts appointed by the Court are to conduct a mapping analysis in respect of the documents seized and/or imaged pursuant to the search orders — Held: no material non-disclosure by the Plaintiff — The Plaintiff is entitled to orders by which the independent forensic computer experts appointed by the Court are to conduct a mapping analysis in respect of the documents seized and/or imaged pursuant to the search orders and produce a report outlining their findings, on conditions imposed by the Court Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Brags Electrics Pty Ltd trading as Inscope Building Technologies v Steven Mark Gregory [2010] NSWSC 1205 Findex Group v iiNet Ltd [2018] NSWSC 1567 Findex Group Ltd v Mckay [2019] NSWCA 93 Lamond (No 4) [2017] FCA 820 Link 2 Pty Ltd v Ezystay Systems Pty Ltd [2016] NSWCA 317 Long v Specifier Publications Pty Ltd (1998) 44 NSWLR 545 Metso Minerals (Australia) Ltd v Kalra (No 3) [2008] FCA 1201 Metso Minerals (Australia) Ltd v Kalra [2009] FCAFC 57 Microsoft Corp v Goodview Electronics Pty Ltd (1999) 46 IPR 159; [1999] FCA 754 Morris v Ashbee (1868) LR7Eq 34 Principal Financial Group Pty Limited ACN 068 318 507 v Gabriel Joseph Vella [2011] NSWSC 327 Rauland Australia Pty Ltd v Johnson (No 2) [2019] FCA 1175 Showcase Realty Pty Ltd v Nathan Circosta [2021] NSWSC 355 Tonnex International Pty Ltd v Dynamic Supplies Pty Ltd (2012) 99 IPR 31; [2012] FCAFC 162 Texts Cited: Nil Category: Principal judgment Parties: Skytraders Pty Ltd (Plaintiff) Ian Wallace Meyer (First Defendant) Air Affairs (Australia) Pty Ltd (Second Defendant) Representation: Counsel: Mr N Hutley SC with Mr A Zahra SC (Plaintiff) Mr A Bannon SC with Mr M R Davis (First Defendant) Mr I Jackman SC with Mr P Knowles (Second Defendant)