QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.261BRequirements for grant of search order
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### sec.261B Requirements for grant of search order
The court may make a search order if the court is satisfied that—
the applicant has a strong prima facie case on an accrued cause of action; and
the potential or actual loss or damage to the applicant will be serious if the search order is not made; and
there is sufficient evidence in relation to a respondent that—
the respondent possesses important evidentiary material; and
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.
r 261B ins 2007 SL No. 96 s 9
- (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.
- (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.
- (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.