Jeray v Blue Mountains City Council [2010] NSWLEC 139

Jeray v Blue Mountains City Council [2010] NSWLEC 139

The evidence does not establish a strong prima facie case, serious risk of loss, or real possibility of destruction of evidence, and the proposed order lacks required safeguards; therefore, an ex parte search order is not justified against a governmental body in these circumstances.

Jurisdiction
Australia
Judgment Date
30 June 2010
Procedural Posture
Application / Interlocutory Motion (ex Parte Search Order)
Outcome
Ex parte search order refused; proceedings stood over for inter partes hearing.
Legal Topics
['search Orders' 'ex Parte Applications']
['civil Procedure'] ['search Orders' 'ex Parte Applications']

Case Brief

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Procedural Posture

Application / Interlocutory Motion (ex Parte Search Order)

Legal Issues

  1. 1 ['Whether an ex parte search order should be granted against a government body in the circumstances alleged.' 'Whether the applicant has demonstrated a strong prima facie case, serious risk of loss, and a real possibility of destruction of evidence.']

Ratio Decidendi

The evidence does not establish a strong prima facie case, serious risk of loss, or real possibility of destruction of evidence, and the proposed order lacks required safeguards; therefore, an ex parte search order is not justified against a governmental body in these circumstances.

Court Disposition

Ex parte search order refused; proceedings stood over for inter partes hearing.

Orders

  • ["The proceedings and the applicant's notice of motion filed on 30 June 2010 will be listed before the List Judge on Friday 9 July 2010." 'The applicant is to serve the statement of claim, notice of motion, his affidavit and any other evidence on which he intends to rely in support of the notice of motion on the...