261B
CurrentRequirements for grant of search order
Chapter 8Preservation of rights and property
Part 2Injunctions and similar orders
Division 3Search orders
261B Requirements for grant of search order
The court may make a search order if the court is satisfied that—
(a)
the applicant 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 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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