Dickey said 14 Jarden staff left and another 17 were targeted.
“The raid left no business division untouched.”
Dickey said targets included business group leaders, entry-level staff and even “algorithm specialists who work from home in Christchurch”.
He added: “It beggars belief that it could have been mapped on a whiteboard by Barrenjoey without inside information.”
And he said it was unbelievable to suggest the “offer of employment fell out of the sky on the 26th of July”.
Dickey said Reynolds and Schenone resigned at the very same minute.
The court heard both respondents were on gardening leave and Reynolds had a six-month notice period.
“The window for Jarden to understand that which occurred … closes day by day,” Dickey said.
“We’re seeking our property back.”
Dickey said Reynolds and Schenone had simply been asked to give their work phones back.
“We don’t want to be looking at holiday snapshots of people on the beach, for example.”
The court heard that the respondents had agreed to return phones but with personal information erased.
Dickey said Reynolds and Schenone arranged for clones of work phones to be made.
But he said it was unacceptable the phones were cloned without Jarden’s independent forensic expert present.
Dickey said the respondents then performed “factory resets destroying all data on the devices” before returning those original work phones.
“That is staggering to learn that.”
Dickey said Jarden was unable to trust the respondents to behave professionally and appropriately.
The court heard the cloned devices would be better than nothing for Jarden to get, but were still inferior to the pre-reset devices.
Dickey said there might be irretrievable WhatsApp messages of relevance to the case.
“The clone needs to come to Jarden now.”
‘Fishing expedition’
For Reynolds and Schenone, Philip Skelton KC said the court had no jurisdiction to force the clones to be handed over.
“It’s not about the phones any more … They’ve got their property back. We’re now concerned about the clones.”
Skelton said the clones were on hard drives which were not Jarden property.
“The clones contain the respondents’ personal and private information, [and] may contain privileged information.”
And Jarden had no right to see such material, Skelton said.
He added: “It just can’t be right that your medical records between you and your doctor are somehow owned” by a company simply because that company declared so in its policy.
“Data isn’t something that you can own as such.”
He said the respondents’ solicitors held the clones.
“It’s a fishing expedition. Jarden is trying to circumvent the ordinary rules that apply to litigation,” Skelton added.
He said Jarden was upset about Barrenjoey entering its market and was speculating without any evidence the respondents had breached employment agreements.
Skelton said if there had been discussions about a shoulder-tapping from Barrenjoey, that would not be unusual or sinister.
“Employees are perfectly entitled to enter into those arrangements. It’s their personal business.”
And he said Barrenjoey was entitled to set up business and hire Jarden staff.
Skelton said the dispute involved “two very large investment firms fighting over the patch” in New Zealand.
And he said Reynolds and Schenone gave Jarden plenty of notice.
“They were honest and upfront. They didn’t mislead Jarden.”
Skelton said an upset Jarden’s approach now was: “Sue people who are leaving, send a message to others.”
Today’s hearing was an application for “deliver up” orders.
Such an order compels a person to return specific goods, documents, or infringing copyright items in their possession.
Judge Kathryn Beck reserved her decision, meaning she will issue it at a later date.
Last month, Barrenjoey said it had hired two founders who would lead the business across Financial Markets and Corporate Finance in New Zealand.
Barrenjoey previously said it was actively recruiting in New Zealand for key business and support roles.
“Barrenjoey New Zealand will be a locally led and managed business, creating a platform that will attract and reward the very best people so they can produce outstanding outcomes for clients,” Barrenjoey CEO Brian Benari said at the time.
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