FEDERAL COURT OF AUSTRALIA
Lamson Concepts Pty Ltd v Oscuro [2025] FCA 579
File number: NSD 501 of 2025 Judgment of: VANDONGEN J Date of judgment: 4 June 2025 Catchwords: PRACTICE AND PROCEDURE - application to set aside ex parte search orders - whether applicant made material non-disclosure when seeking orders - whether applicant breached duty of candour - application dismissed Legislation: Corporations Act 2001 (Cth) s 183
Evidence Act 1995 (Cth) s 91
Federal Court Rules 2011 (Cth) Div 7.5
Cases cited: Fortescue Limited v Element Zero Pty Limited (No 2) [2024] FCA 1157
Naidenov, in the matter of 30 Denham Pty Ltd (in liq) [2023] FCA 134
Savcor Pty Ltd v Cathodic Protection International APS [2005] VSCA 213; (2005) 12 VR 639
Shaleen Charan v Lamson Concepts Pty Ltd [2024] FWC 2708
Showcase Realty Pty Ltd v Nathan Circosta [2021] NSWSC 355
Skytraders Pty Ltd v Ian Wallace Meyer [2021] NSWSC 1670
Walter Rau Neusser Oel Und Fett AG v Cross Pacific Trading Ltd [2005] FCA 955
Division: General Division Registry: Western Australia National Practice Area: Commercial and Corporations Sub-area: Commercial Contracts, Banking, Finance and Insurance Number of paragraphs: 76 Date of hearing: 23 May 2025 Counsel for the Applicant: Mr D Mahendra Solicitor for the Applicant: Citation Legal Counsel for the Respondent: Dr M Wolff Solicitor for the Respondent: Prior Law ORDERS
NSD 501 of 2025 BETWEEN: LAMSON CONCEPTS PTY LTD
Applicant
AND: NICHOLAS OSCURO
Respondent
ORDER MADE BY:
VANDONGEN J
DATE OF ORDER:
4 JUNE 2025
THE COURT ORDERS THAT:
1.The respondent's application for an order that the search orders made by Justice Stellios on 8 April 2025 be set aside is dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
VANDONGEN J:
On 8 April 2025, the applicant, Lamson Concepts Pty Ltd (Lamson), obtained ex parte search orders from Stellios J, who was then acting in his capacity as general duty judge. Those search orders required that the respondent, Nicholas Oscuro, who is one of Lamson's former employees, permit a search for electronic documents to be carried out at his home. Lamson alleged that those documents recorded its confidential information.
Mr Oscuro has now applied for an order that the search orders be set aside because Lamson made several material non-disclosures at the hearing of its application for search orders.
Contrary to Mr Oscuro's contentions, there were no material non-disclosures. It follows that Mr Oscuro's application for an order that the search orders be set aside must be dismissed.
Background
Lamson installs, maintains and repairs materials handling solutions and systems. Lamson's core product is a pneumatic tube system, and it operates in various industries, including healthcare, retail, hospitality and manufacturing.
Mr Oscuro was employed by Lamson as a business development manager, before he resigned in December 2024. During his employment, Mr Oscuro was given…
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- AGLC
- Lamson Concepts Pty Ltd v Oscuro [2025] FCA 579
- Case
- [2025] FCA 579
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether Mr Oscuro had satisfied the burden of proving that Lamson had made material non-disclosures when seeking the search orders, and whether such non-disclosures amounted to a breach of the duty of candour. The court considered the evidence and submissions presented by both parties and concluded that Mr Oscuro had not satisfied the burden of proving that Lamson had made material non-disclosures. The court found that there were no material non-disclosures and dismissed Mr Oscuro's application to set aside the search orders.
The court dismissed Mr Oscuro's application to set aside the search orders made by Justice Stellios on 8 April 2025, as varied by the orders of 15 April 2025. The court found that Mr Oscuro had not satisfied the burden of proving that Lamson had made material non-disclosures when seeking the search orders. The court further found that there were no material non-disclosures and that Mr Oscuro had not satisfied the burden of proving that Lamson had breached its duty of candour. The court dismissed the application and will hear from the parties as to the form of the orders to be made to give effect to its reasons and as to the appropriate order for costs.
Orders
Orders of the court
1. The respondent's application for an order that the search orders made by Justice Stellios on 8 April 2025 be set aside is dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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