Clarke v Divisional Sercurity (Aust) Pty Ltd and ors [2005] NSWIRComm 41

The applicant had established a strong prima facie case and a necessary risk that important material might be destroyed or removed, justifying the grant of Anton Piller orders.

Jurisdiction: Australia
Judgment Date: 28 February 2005
Procedural Posture: Application / Interlocutory (application for Anton Pillar Order)
Outcome: Anton Piller orders made and extended by consent on return date
Legal Topics: ['anton Piller Orders' 'preservation of Evidence' 'late Disclosure of Documents']

['industrial Relations'] ['anton Piller Orders' 'preservation of Evidence' 'late Disclosure of Documents']

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Procedural Posture

Application / Interlocutory (application for Anton Pillar Order)

Legal Issues

1 ['Whether conditions for granting Anton Piller orders are satisfied' 'Risk of destruction or removal of relevant evidence due to withdrawal of undertaking']

Ratio Decidendi

The applicant had established a strong prima facie case and a necessary risk that important material might be destroyed or removed, justifying the grant of Anton Piller orders.

Court Disposition

Anton Piller orders made and extended by consent on return date

Orders

['Anton Piller orders directed to the first respondent' 'Orders extended by consent on 9 February 2005']