DHR International, Inc. v Challis (No. 2) [2015] NSWSC 1964

Supreme Court New South Wales

Medium Neutral Citation: DHR International, Inc. v Challis (No. 2) [2015] NSWSC 1964 Hearing dates: 16 December 2015 Decision date: 18 December 2015 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph 48 Catchwords: PRACTICE AND PROCEDURE – discovery – plaintiff sought discovery against defendant in relation to matters that would tend to identify further putative defendants – relevance of material sought to facts in issue – discovery to find the identity of wrongdoer available to anyone against whom the plaintiff has a cause of action – interests of justice – discovery ordered

PRACTICE AND PROCEDURE – notice to produce – production of hard drives - regime for production of hard drives to protect privacy of defendant Legislation Cited: Civil Procedure Act 2005 (NSW), Pt 6, ss 56, 58, 59 Competition and Consumer Act 2010 (Cth), Sch 2, ss 18, 236 Uniform Civil Procedure Rules 2005 (NSW), rr 5.2, 5.3, 21.1, 21.3 Cases Cited: DHR International, Inc a company incorporated in Delaware in the United States of America v Challis [2015] NSWSC 1567 Norwich Pharmacal Co. & Others v Customs and Excise Commissioners [1974] AC 133 Percy v General Motors-Holden's Pty Ltd [1975] 1 NSWLR 289 Category: Procedural and other rulings Parties: DHR International, Inc. (Plaintiff) Darren George Challis (Defendant) Representation: Counsel: R Gration (Plaintiff) D R Sibtain/P A Horobin (Defendant)

Solicitors: K&L Gates (Plaintiff) Atanaskovic Hartnell (Defendant) File Number(s): 2015/305715