Mirus Australia Pty Ltd v Gage

In the case of Mirus Australia Pty Ltd v Gage, the respondent, Gage, was a former employee of the applicant, Mirus Australia Pty Ltd. The dispute centred on allegations of contempt and abuse of process. Specifically, Mirus Australia alleged that Gage had committed contempt by deleting emails and documents prior to the commencement of legal proceedings. Additionally, Mirus Australia claimed that Gage had deliberately deleted electronic documents and records of electronic activity after the proceedings had commenced, which amounted to an abuse of process.

The court was required to determine whether contempt could be committed if the impugned conduct occurred prior to the commencement of proceedings. Furthermore, the court had to decide if the deliberate deletion of electronic documents and records of electronic activity after the commencement of proceedings constituted an abuse of process. The court also needed to consider whether Mirus Australia's application to strike out parts of Gage's defence was justified.

The court found that contempt could not be committed for conduct occurring before the commencement of proceedings. However, it held that the deliberate deletion of electronic documents and records of electronic activity after the commencement of proceedings did amount to an abuse of process. Consequently, the court granted Mirus Australia's application to strike out certain parts of Gage's defence, deeming them irrelevant and prejudicial. The court ordered Gage to pay costs to Mirus Australia in relation to the struck-out parts of the defence.