Hardingham v RP Data Pty Limited (No 2)

The applicants, Hardingham, sought an order that certain data held by the respondent, RP Data, be deleted or destroyed. The applicants also sought damages for breach of privacy. The respondent cross-claimed against Hardingham for misuse of private information. The case was heard in the Federal Court of Australia. The primary legal issue was whether the applicants had a right to require the respondent to delete or destroy personal information about them that was held by the respondent. The court also had to determine whether Hardingham misused private information by using the respondent’s data in a way that was unreasonable and oppressive. The court held that the applicants did not have a right to require the respondent to delete or destroy the personal information. The court found that the collection and use of the information by the respondent was not unreasonable and oppressive, and therefore, there was no misuse of private information. The applicants’ application was dismissed, and the cross-claim was also dismissed. The applicants were ordered to pay the respondent’s costs and the cross-respondent’s costs of the cross-claim. If the parties could not agree on the amount of the lump sum for the costs, the Registrar of the Court was to determine the amount.