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discovery [2011/06/03 13:30]
127.0.0.1 external edit
discovery [2017/07/30 18:02] (current)
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 The plaintiff further alleged that prior to resigning from the employ of the plaintiff (without notice) and moving to Canada that Hinkley deleted or encrypted all copies of the source code on the computer systems of the plaintiff. The plaintiff further alleged that prior to resigning from the employ of the plaintiff (without notice) and moving to Canada that Hinkley deleted or encrypted all copies of the source code on the computer systems of the plaintiff.
  
-In related proceedings //​[[case_links#​Hotline Communications and Ors v Adam Hinkley and Ors|Hotline Communications Ltd & Ors v Adam Hinkley & Ors]] //​((Proceeding No. 7673 of 1998)) Hotline Communications ("​Hotline"​) obtained in 1998, by way of an Anton Piller Order, copies of source code for various software applications and related materials from Hinkley and other parties. Hotline claimed, amongst other things, that Hinkley had deleted certain source code from computers at Hotline Communications'​ premises in Canada and had left in similar circumstances to those of his departure from A2B.+In related proceedings //​[[case_links#​Hotline Communications and Ors v Adam Hinkley and Ors|Hotline Communications Ltd & Ors v Adam Hinkley & Ors]] //​((Proceeding No. 7673 of 1998)) Hotline Communications ("​Hotline"​) obtained in 1998, by way of an [[http://​en.wikipedia.org/​wiki/​Anton_Piller_order|Anton Piller]] Order, copies of source code for various software applications and related materials from Hinkley and other parties. Hotline claimed, amongst other things, that Hinkley had deleted certain source code from computers at Hotline Communications'​ premises in Canada and had left in similar circumstances to those of his departure from A2B.
  
-A2B sought preliminary discovery of the materials obtained by Hotline by way of the Anton Pillar ​order to determine whether the source code developed for Hotline by Hinkley was the same or substantially the same as the product developed by Hinkley during the course of his employment by A2B.+A2B sought preliminary discovery of the materials obtained by Hotline by way of the [[http://​en.wikipedia.org/​wiki/​Anton_Piller_order|Anton Piller]] ​order to determine whether the source code developed for Hotline by Hinkley was the same or substantially the same as the product developed by Hinkley during the course of his employment by A2B.
  
 If was found by Warren J that notwithstanding A2B's suspicions, it could not know of any similarity between the respective source code until it had the benefit of inspection of the documents it sought to be discovered. If was found by Warren J that notwithstanding A2B's suspicions, it could not know of any similarity between the respective source code until it had the benefit of inspection of the documents it sought to be discovered.

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