Mirus Australia Pty Ltd v Gage [2018] NSWSC 35

Supreme Court New South Wales

Medium Neutral Citation: Mirus Australia Pty Ltd v Gage [2018] NSWSC 35 Hearing dates: 13 December 2017 Date of orders: 02 February 2018 Decision date: 02 February 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Order that the first defendant be fined the sum of $40,000.

(2) Order that the punishment in order (1) be suspended upon the condition that the first defendant comply with the following condition:

Within 7 days of the date of this order, the First Defendant, through his lawyer is to provide to the lawyers for the Plaintiff the "Username" and "Password" details to enable access to the Aged Care HQ cloud service located at url: https://agedcarehq.capsulecrm.com.

(3) Make no order as to the costs of the sentencing hearing, to the intent that each party pay his or its own costs of that hearing. Catchwords: SENTENCING – penalties – criminal contempt – deletion of electronic records after commencing proceedings

COSTS – costs of separate sentencing hearing Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) ss 5(1), 8, 9, 10, 10A, 12 Cases Cited: Admark Property Group Pty Ltd (in liq) v GJ Building and Contracting Pty Ltd [2017] NSWSC 118 Attorney-General (NSW) v Whiley (1993) 31 NSWLR 314 Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98; [1986] HCA 46 Australian Securities and Investments Commission v Matthews [2009] NSWSC 285; (2009) 71 ACSR 279 Circuit Finance Australia Ltd v Sobbi [2010] NSWSC 912 Crane Distribution Ltd v Van Schellebeeck [2009] NSWSC 263 DB Mahaffy & Associates v Mahaffy [2015] NSWSC 1959 Farahbakht v Midas Australia Pty Ltd [2006] NSWSC 1322 Kazal v Thunder Studios Inc (California) [2017] FCAFC 111 Matthews v Australian Securities and Investments Commission [2009] NSWCA 155 McGuirk v University of New South Wales [2010] NSWSC 448 McIntyre v Perkes (1988) 15 NSWLR 417 Mirus Australia Pty Ltd v Gage [2017] NSWSC 1046 NCR Australia Pty Ltd v Credit Connection Pty Ltd [2005] NSWSC 1118 Principal Registrar of Supreme Court (NSW) v Tran [2006] NSWSC 1183; (2006) 166 A Crim R 393 R v Tait (1979) 46 FLR 386 Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 Wood v Galea (1996) 84 A Crim R 274 Category: Sentence Parties: Mirus Australia Pty Ltd (Plaintiff) Nicholas Gage (First Defendant) Simon Wilson (Second Defendant) Representation: Counsel: T Brennan (Plaintiff) I Pike SC with S Keizer (First Defendant)