s 7.43
In forceRequirements for grant of search order
Chapter 2Original jurisdiction—proceedings generally
Part 7Orders before start of a proceeding
Division 7.5Search orders
7.43 Requirements for grant of search order
The Court may make a search order if the Court is satisfied that:
(a)
an applicant seeking the order has a strong prima facie case on an accrued cause of action; and
(b)
the potential or actual loss or damage to the applicant will be serious if the search order is not made; and
(c)
there is sufficient evidence in relation to a respondent that:
(i)
the respondent possesses important evidentiary material; and
(ii)
there is a real possibility that the respondent might destroy such material or cause it to be unavailable for use in evidence in a proceeding or anticipated proceeding before the Court.
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