The respondent IT provider brought a motion to dismiss the applicant law firm's application for failure to comply with a prior consent order.
The applicant had sought mandatory orders for the release of its legal practice data and cloud infrastructure information.
A consent order required the applicant to pay outstanding fees into trust to obtain the cloud data, which the applicant failed to do, arguing the payment was merely an option.
The court rejected this argument, finding the payment was a requirement.
As the applicant had already obtained the other requested data and consented to the deletion of the cloud data due to non-payment, the court dismissed the application as moot.
