Court Procedures Rules 2006

The court may make an order for the inspection, detention, custody or preservation of property if—

the property is the subject of a proceeding or is property about which an issue may arise in a proceeding; or

inspection of the property is necessary for deciding an issue in a proceeding.

Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

Subrule (1) applies whether or not the property is in the ownership, possession, custody or power of a party.

The court may make an order mentioned in subrule (1) at any stage of a proceeding.

Also, if the Supreme Court makes an order under division 2.8.6 (Preliminary discovery) in relation to a proceeding, the court may make an order mentioned in subrule (1) before the proceeding starts as if the proceeding had started.

Without limiting subrule (1), the order may authorise a person to do any of the following:

enter a place or do something else to obtain access to the property;

take samples of the property;

make observations of the property;

make a record of the property, including, for example, take photographs of the property;

conduct an experiment on or with the property;

observe a process;

observe or read images or information contained in the property, including, for example, by playing or screening a tape, film or disk;

photograph or otherwise copy the property or information contained in the property;

in a proceeding about a party’s right to a fund—pay the fund into court or otherwise secure the fund.

Without limiting rule 6901 (Orders may be made on conditions), an order under this rule may be made on any of the following conditions:

conditions about the payment of the costs of a person who is not a party and who must comply with the order;

conditions about giving security for the costs of a person or party who must comply with the order;

conditions about giving the usual undertaking as to damages.

The court must not make an order under this rule unless it is satisfied that sufficient relief is not available under the Evidence Act, section 169 (Failure to comply with requests).

A party applying for an order under this rule must, as far as practicable, serve an application in accordance with part 6.2 (Applications in proceedings) on everyone who would be affected by the order if made.