Trusted Cloud Pty Ltd v Core Desktop Pty Ltd

Trusted Cloud Pty Ltd brought a proceeding against Core Desktop Pty Ltd, with whom they shared a director, Mr Amira. The applicants sought interlocutory orders for disclosure of documents and to restrain the respondents from using information obtained from the applicants. The respondents opposed the proceeding and sought summary dismissal. They also made an application for an advance ruling that evidence obtained in the course of the proceeding be excluded, and sought to set aside the interlocutory orders on the basis of material non-disclosure by the applicants. The court had to determine whether the applicants had no reasonable prospect of successfully prosecuting the proceeding, whether the evidence obtained by the respondents should be excluded, and whether the interlocutory orders should be set aside. The court found that the proceeding had reasonable prospects of success, that the evidence should not be excluded, and that the interlocutory orders should not be set aside, except for one condition. The court ordered that one of the interlocutory orders be vacated upon the respondents giving certain undertakings, dismissed the interlocutory application with costs, required the respondents to file their defences, and listed the originating application for further directions.