937KRequirements for grant of search order

937K Requirements for grant of search order

[Rule 937K of Part 36 Inserted by S.R. 2006, No. 72, Applied:19 Jul 2006] The Court or a judge may make a search order if the Court or judge 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.