NSWNSWSC
Mirus Australia Pty Ltd v Gage
[2017] NSWSC 1046
Supreme Court of NSW|2017-05-09|Before: Ward CJ
View original sourceAt a glance
Source factsCourt
Supreme Court of NSW
Decision date
2017-05-09
Before
Ward CJ
Catchwords
- CONTEMPT - criminal contempt - whether contempt can be committed if impugned conduct occurred prior to commencement of proceedings
Source
Original judgment source is linked above.
Catchwords
CONTEMPT - criminal contempt - whether contempt can be committed if impugned conduct occurred prior to commencement of proceedings
Judgment (50 paragraphs)
[1]
Background
- Mirus provides advisory (and, it says, though this is denied by the defendants, information technology based) services specifically to operators of aged care facilities in Australia (statement of claim at [3]; defence at [3(a)]). The services it provides were described by its Counsel on the present applications as being "quite sophisticated cloud based information technology" (T 4.15). Its managing director has explained that Mirus uses a standard installation of Google Drive; that all email, calendar and file repository services are provided this way; and that Mr Gage set up this architecture (affidavit of James Edward Price sworn 3 September 2015 at [20]).
[2]
Mirus' Medicare Data Capture Tool
- The core of Mirus' business is said to be a product referred to as the Medicare Data Capture Tool (statement of claim at [9]; T 4.16), which enables Mirus "to capture Medicare Australia data" from the Medicare Online web system (statement of claim at [13]) and to update that data in Mirus' data repository on a daily basis (statement of claim at [14]). The defendants admit the allegations at [9], [13] and [14] of the statement of claim in the corresponding paragraphs of their defence.