Brags Electrics Pty Ltd trading as Inscope Building Technologies v Steven Mark Gregory [2010] NSWSC 1205

New South Wales Supreme Court

CITATION : Brags Electrics Pty Ltd trading as Inscope Building Technologies v Steven Mark Gregory [2010] NSWSC 1205

HEARING DATE(S) : 6 September 2010 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 6 September 2010

DECISION : Decline to set aside Anton Piller order

CATCHWORDS : PROCEDURE – Discovery and interrogatories – Discovery and inspection of documents – Production and inspection – Generally – Anton Piller orders – whether Anton Piller order should be discharged – where application made after execution – when Anton Piller order may be discharged – grounds for discharge – procedure and evidence on application for discharge – evidence additional to that on ex parte application – evidence of "fruits of order"

CATEGORY : Procedural and other rulings

CASES CITED : Austress Freyssinet Pty Ltd v Joseph [2006] NSWSC 77 WEA Records Ltd v Visions Channel 4 Limited [1983] 2 All ER 589

PARTIES : Brags Electrics Pty Ltd (plaintiff) Steven Mark Gregory (defendant)

FILE NUMBER(S) : SC 10/142180

COUNSEL : Mr G Boyce (plaintiff) Ms B Obradovic (defendant)

SOLICITORS : NECA Legal (plaintiff) CA Williams Legal (defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRERETON J

Monday, 6 September 2010

2010/142180 Brags Electrics Pty Limited t/as Inscope Building Technologies v Steven Mark Gregory JUDGMENT

1 HIS HONOUR: The plaintiff Brags Electrics Pty Limited carries on business under the name Inscope Building Technologies, specialising in the design, installation and maintenance of buildings automation and control systems and claiming to have extensive expertise and experience in control systems designed for heating, ventilation and air-conditioning, intelligent lighting control, fire services, hydraulic services, access control and security systems and computer room environmental monitoring systems. It provides these services through building management control systems (BMCS) installed by its clients, the owners of the various buildings which it services, and to which it obtains access via a user name and password. Relevantly, access is required both to the "platform" (which is essentially the hardware) and the "station" (which is essentially the software) that drives the relevant BCMS. Sites currently served by the plaintiff include Century Business Estate at Baulkham Hills, the Roads and Traffic Authority building in Argyle Street, Parramatta, and Dubbo Civic Centre.