Holon Global Innovations Pty Ltd v Seagate Technology Australia Pty Ltd [2025] NSWSC 113

Supreme Court New South Wales

Medium Neutral Citation: Holon Global Innovations Pty Ltd v Seagate Technology Australia Pty Ltd [2025] NSWSC 113 Hearing dates: 21 February 2025 Decision date: 26 February 2025 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Subpoenas to be set aside; order to be made for preservation of property; party issuing subpoenas to pay costs of subpoena recipients Catchwords: CIVIL PROCEDURE – subpoenas – application to set aside subpoenas issued for production of large data storage devices – where production of devices to Court neither practicable nor intended by issuer of subpoenas – where access to and inspection of devices intended to occur in the United States of America – where more appropriate course was to seek preservation order under UCPR r 25.3 – subpoenas set aside and order made for preservation of property Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Competition and Consumer Commission v Shell Co of Australia Ltd [1999] FCA 212 Category: Procedural rulings Parties: Holon Global Innovations Pty Ltd (First Plaintiff) Holon Global Investments Limited (Second Plaintiff)

Dicker Motion Dicker Data Financial Services Pty Ltd (First Applicant) Dicker Data Limited (Second Applicant) Seagate Technology Australia Pty Limited (Defendant/Respondent)

Seagate Motion Seagate Technology Australia Pty Limited (Defendant/Applicant) Dicker Data Financial Services Pty Ltd (First Respondent) Dicker Data Limited (Second Respondent) Representation: Dicker Motion Counsel: M Youssef (Applicants) A R Langshaw (Defendant/Respondent)