PMSI Group v Wilson [2003] NSWSC 263

PMSI Group v Wilson [2003] NSWSC 263

The Court made a modified Anton Piller order because the initial form sought lacked necessary safeguards. The appropriate form required undertakings, an independent and experienced Supervising Solicitor, limits on execution times and personnel, opportunity for the defendants to obtain legal advice, reporting and liberty to apply, and express preservation of legal professional privilege and the privilege against self-incrimination.

Jurisdiction
Australia
Judgment Date
04 April 2003
Procedural Posture
Application for Anton Piller Order / Ex Parte Application; Reasons Concerned the Form of an Anton Piller Order Made on 28 March 2003
Outcome
Anton Piller order made
Legal Topics
['anton Piller Order' 'ex Parte Orders' 'supervising Solicitor' 'search and Seizure of Evidence' 'legal Professional Privilege' 'privilege Against Self Incrimination']
['civil Procedure' 'equity'] ['anton Piller Order' 'ex Parte Orders' 'supervising Solicitor' 'search and Seizure of Evidence' 'legal Professional Privilege' 'privilege Against Self Incrimination']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Anton Piller Order / Ex Parte Application; Reasons Concerned the Form of an Anton Piller Order Made on 28 March 2003

Legal Issues

  1. 1 ['What procedural safeguards should be included in the form of an Anton Piller order.' 'Whether the order should require an independent Supervising Solicitor experienced in the execution of Anton Piller orders.' 'How the order should be framed given that it operates in personam and does not authorise trespass or operate as a search warrant.' 'Whether execution at a dwelling house required safeguards concerning the gender and independence of persons executing the order.' 'Whether the order should preserve legal professional privilege and the privilege against self-incrimination.']

Ratio Decidendi

The Court made a modified Anton Piller order because the initial form sought lacked necessary safeguards. The appropriate form required undertakings, an independent and experienced Supervising Solicitor, limits on execution times and personnel, opportunity for the defendants to obtain legal advice, reporting and liberty to apply, and express preservation of legal professional privilege and the privilege against self-incrimination.

Court Disposition

Anton Piller order made

Orders

  • ["Upon the plaintiff providing specified undertakings and the plaintiff's solicitor undertaking to prepare a detailed list of items removed, the defendants were ordered to permit not more than three members, employees or agents of the plaintiff's solicitors, together with Rosalind Persaud as Supervising Solicitor,...