Order for inspection of electronic devices for fabricated evidence

The High Court has ordered the inspection of electronic devices and a Gmail account of one of the parties in litigation because of concerns that the party may have fabricated emails relied on during the trial of the case.  The Court ordered that the parties nominated experts undertake the inspection jointly.

Of particular interest in this case was that the High Court made the order for the inspection of the electronic devices and emails after the case had finished, but before judgment was given.  The Court held that it had jurisdiction to call for this further evidence despite the fact that the case had closed.

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