HWL Ebsworth Lawyers v Persons Unknown [2024] NSWSC 71

Supreme Court New South Wales

Medium Neutral Citation: HWL Ebsworth Lawyers v Persons Unknown [2024] NSWSC 71 Hearing dates: 24 November 2023, 18 December 2023 last written submissions received, decided on the papers. Date of orders: 12 February 2024 Decision date: 12 February 2024 Jurisdiction: Equity Before: Slattery J Decision: Default judgment entered against the defendants described as unknown persons including orders for injunctive relief to restrain the defendants from dealing with the plaintiffs' confidential information. Catchwords: EQUITY - Equitable remedies - Injunctions - Breach of confidence - Conduct constituting breach - restraining third parties from using confidential information - unidentified Internet hackers steal data from private databases controlled by the plaintiffs – the plaintiffs are partners conducting legal practice in a national law firm – plaintiffs filed proceedings by summons and are granted an interlocutory injunction against "persons unknown" – orders made to bring the summons and affidavits in support to the attention of the unknown actors who stole the data – the unknown actors do not appear – plaintiffs seek to enter default judgment against the unknown actors –– whether the data taken from the plaintiffs was identifiable, whether it had the necessary quality of confidence, whether it was received by the defendants in circumstances importing an obligation of confidence and whether there is actual or threatened misuse of the information. CIVIL PROCEDURE — Parties — Joinder — Of defendants – whether default judgment can be entered against the defendants, described as persons unknown – whether the Court should grant injunctive relief against the defendants, described as persons unknown – what allowance should be made for the possibility that persons presently described as persons unknown may later be identified and further relief sought against them. Legislation Cited: Civil Procedure Act 2005, s 61(g) Uniform Civil Procedure Rules 2005, rr 11.4, 11.5, 11.8AA, 11.88AA, 16.1, 16.4-8, 16.10, 18.5, Schedule 6 Cases Cited: Australian Competition and Consumer Commission v Chen [2003] FCA 897 Australian Hardboards Ltd v Hudson Investment Group Ltd [2007] NSWCA 104 Agar v Hyde (2000) 201 CLR 552 Armstrong Watson LLP v Person(s) Unknown [2023] EWHC 1761 (KB) Bloomsbury Publishing Group Ltd & Anor v News Group Newspapers Ltd & Ors [2003] EWHC 1205 (Ch) CLM v CLN and Others [2022] SGHC 46 Corrs Pavey Whiting & Byrne v Collector of Customers (Vic) (1987) 14 FCR 434 at 443; [1987] FCA 266 Dandaloo Pty Ltd v Iali [2017] NSWSC 1738 Electricity Commission of New South Wales v Arrow (Unreported, NSW Sup Court, 7 December 1990) Hodgson J Hutchinson v AD Securities America LLC [2021] NSWSC 1573 Jacek Gnych v Polish Club Limited [2016] NSWSC 987 Maritime Union of Australia v Patrick Stevedores Operations & Anor (1998) 4 VR 143 McDonald's Australia Ltd v Watson [2013] VSC 502 Nesor Nominees Pty Ltd v Big Boys BBQ Qld Pty Ltd [2019] FCA 1208 Obela Fresh Dips and Spreads Pty Ltd v Coetzee [2020] NSWSC 1862 PML v Persons Unknown [2018] EWHC 838 (QB) Stone v WXY [2012] EWHC 3184 (QB). State Bank of New South Wales Limited v N.A. Macdonald (Unreported, Cole J, 17 January1992, BC9202104 at 3) Wolverhampton City Council and others (Respondents) v London Gypsies and Travellers and others (Appellants) [2023] UKSC 47. X v Y & Z [2017] NSWSC 1214 XXX v Persons Unknown [2022] EWHC 2776 (KB) Texts Cited: Spry, Equitable Remedies (8th Ed, 2014, Lawbook Library) Category: Principal judgment Parties: Plaintiff: Juan Jose Martinez as Trustee for the Martinez HWL Practice Trust and others (as mentioned in the attached schedule) trading as HWL Ebsworth Lawyers Representation: Counsel: Mr T Maltz on behalf of HWLE Ebsworth Lawyers