37B.03
CurrentRequirements for grant of search order
Chapter 1General rules of procedure in civil proceedings
Part 4Local service of foreign judicial documents
37B.03 Requirements for grant of search order
The Court may make a search order if satisfied:
(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 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.
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