Jemella Australia Pty Ltd v Young (No. 2) [2008] FCA 396

Jemella Australia Pty Ltd v Young (No. 2) [2008] FCA 396

The affidavit evidence established a serious prospect that evidence relevant to the proceedings may not be preserved without a further search order, and all requirements of Order 25B were satisfied; accordingly, the search order was granted.

Jurisdiction
Australia
Judgment Date
19 March 2008
Procedural Posture
Interlocutory Application / Application for Search Order
Outcome
Application for further search order granted.
Legal Topics
['search Order' 'preservation of Evidence']
['practice and Procedure'] ['search Order' 'preservation of Evidence']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Search Order

Legal Issues

  1. 1 ['Whether there is a proper basis for making a further search order in respect of two additional premises under Order 25B of the Federal Court Rules']

Ratio Decidendi

The affidavit evidence established a serious prospect that evidence relevant to the proceedings may not be preserved without a further search order, and all requirements of Order 25B were satisfied; accordingly, the search order was granted.

Court Disposition

Application for further search order granted.

Orders

  • ['A Search Order issues in the form of the Search Order marked Annexure 1 to this Order (as amended).' 'Notice of Motion is returnable on Tuesday, 1 April 2008 at 10:15am.' 'Service of documents to first, second and third respondents by facsimile.' 'Costs of and incidental to this application are reserved.']