James & Anor v Faddoul & Anor [2006] NSWSC 1330

New South Wales Supreme Court

CITATION : James & Anor v Faddoul & Anor [2006] NSWSC 1330

HEARING DATE(S) : 11/09/06 JURISDICTION : Equity

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 09/11/2006

DECISION : Interlocutory injunction for delivery up of images granted. Order for discovery of images. Court expert appointed to inspect defendant's computers

CATCHWORDS : INJUCTIONS – Interlocutory injunctions - Interlocutory mandatory injunctions for delivery up of images - PROCEDURE - Discovery - appointment of Court expert to inspect computers

Adriana James (P1) PARTIES : Everrett Wood James (P2) Roberta Faddoul (D1) George Faddoul (D2)

FILE NUMBER(S) : SC 4307/06

COUNSEL : Dr CS Ward (P) Mr G Bassett (D)

SOLICITORS : Henry Davis York (P) Gilbert & Tobin (D)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY LIST

Brereton J

Monday 11 September 2006

4307/06 Adriana James & Anor v Roberta Faddoul & Anor JUDGMENT (ex tempore) 1 HIS HONOUR: The first plaintiff Adriana James and the second plaintiff her husband are the shareholders in, and the second plaintiff is the sole director of, the third plaintiff Blue Spark Pty Limited, which carries on business under the name of ANDA. Prior to 16 June 2005, the first defendant Roberta Faddoul was an employee of ANDA and the second defendant her father was a director of and minority shareholder in Blue Spark. The defendants have since ceased to be involved with the plaintiffs, and have established a competing business, and there are commercial disputes between them and the plaintiffs.

2 On 16 May 2006, two current employees of ANDA received emails attaching intimate photographs of the first plaintiff which had been taken by the second plaintiff and stored on his laptop. They were obviously of a private, and confidential, nature. Inquiries undertaken on behalf of the plaintiffs, and preliminary discovery ordered by the Federal Magistrate's Court, have established that the source of the emails in question was a web address, for which the contact details provided were those of the first defendant at QC Seminars, 51A Arcadia Road, Glebe. The second defendant was listed as an additional telephone contact, at the same address. Although the second defendant apparently asserts that he has severed his connections with QC Seminars, there is evidence showing that he has had a connection with them at least until recently, although he contends that this does not continue.