Dispute - Application for a Search Order

Question 1

What grounds must be satisfied for the court to grant a search order?

Answer 1

1) An extremely strong prima facie case.

2) There is clear evidence that the the respondents have or had the evidence sought in their possession.

3) The evidence sought must not be obtainable another way.

4) There is a real risk the evidence may be destroyed before an on notice application is made.

5) The damage or potential damage caused must be very serious for the applicant.

6) The harm likely to be caused to the respondent must not be out of proportion to the object of the order.

Question 2

What grounds must the applicant satisfy in order for a search order to be made?

Answer 2

The applicant must make full disclosure.