Search orders—requirements for making order
752 Search orders—requirements for making order
The Supreme Court may make a search order if satisfied that—
an applicant seeking the order has a strong prima facie case on an accrued cause of action; and
the potential or actual loss or damage to the applicant will be serious if the search order is not made; and
there is sufficient evidence in relation to a respondent that—
the respondent possesses important evidentiary material; and
there is a real possibility that the respondent might destroy the material or cause it to be unavailable for use in evidence in a proceeding or anticipated proceeding before the court.
The Magistrates Court may make a search order in relation to a proceeding if satisfied that—
an applicant seeking the order has a strong prima facie case on an accrued cause of action in the proceeding; and
the potential or actual loss or damage to the applicant will be serious if the search order is not made; and
there is sufficient evidence in relation to a respondent that—
the respondent possesses important evidentiary material; and
there is a real possibility that the respondent might destroy the material or cause it to be unavailable for use in evidence in the proceeding.
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