Pandapak Pty Ltd v Way [2014] NSWSC 1134
The plaintiff established a strong prima facie case of breach of contractual and fiduciary duties and that there is a real risk relevant evidence will be destroyed or made unavailable if search orders are not made. Accordingly, search orders were granted subject to safeguards proposed by the plaintiff.
- Jurisdiction
- Australia
- Judgment Date
- 14 August 2014
- Procedural Posture
- Interlocutory Application / Ex Parte Application for Search Orders
- Outcome
- Search orders granted
- Legal Topics
- ['search Orders' 'preservation of Evidence' 'breach of Fiduciary Duty' 'breach of Contract']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Interlocutory Application / Ex Parte Application for Search Orders
Legal Issues
- 1 ['Whether a prima facie case exists for breach of contractual and fiduciary duties by defendants' 'Whether search orders should be granted to preserve evidence in possession of the defendants']
Ratio Decidendi
The plaintiff established a strong prima facie case of breach of contractual and fiduciary duties and that there is a real risk relevant evidence will be destroyed or made unavailable if search orders are not made. Accordingly, search orders were granted subject to safeguards proposed by the plaintiff.
Court Disposition
Search orders granted
Orders
- ['Undertakings noted as per annexure B to the Search Order document.' 'Search orders made as per Search Order document dated today.' 'Matter set down for further hearing on 20 August 2014.' 'Plaintiff to notify defendants of the hearing date.' 'Notice of motion adjourned to that date.' 'Orders to be taken out...
Full Case Text
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