752Search orders—requirements for making order

752 Search orders—requirements for making order (1) The Supreme Court may make a search order if 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 the material or cause it to be unavailable for use in evidence in a proceeding or anticipated proceeding before the court. (2) The Magistrates Court may make a search order in relation to a proceeding if satisfied that— (a) an applicant seeking the order has a strong prima facie case on an accrued cause of action in the proceeding; 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

Rule 753