Ho v Fordyce (ex parte) [2014] NSWSC 1404

Ho v Fordyce (ex parte) [2014] NSWSC 1404

The plaintiffs showed a supported possibility that the disputed costs agreements had been recently created and that, if ordinary discovery or notice were used, the opportunity to prove recent creation could be lost. Because the information sought was narrow and the consequences of the orders would have very limited effect if no recent creation had occurred, it was appropriate to grant ex parte relief in the nature of an Anton Piller order.

Jurisdiction
Australia
Judgment Date
01 October 2014
Procedural Posture
Equity Interlocutory Ex Parte Application for Anton Piller Orders / Motion
Outcome
Motion granted
Legal Topics
['anton Piller Orders' 'ex Parte Applications' 'preservation of Evidence' 'discovery' 'costs Agreements']
['equity' 'civil Procedure'] ['anton Piller Orders' 'ex Parte Applications' 'preservation of Evidence' 'discovery' 'costs Agreements']

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Procedural Posture

Equity Interlocutory Ex Parte Application for Anton Piller Orders / Motion

Legal Issues

  1. 1 ['Whether the Court should make ex parte orders in the nature of Anton Piller orders to allow an independent person to access and copy computer and storage-system material held by the solicitor.' 'Whether the prospect that costs agreements may have been recently created, altered or destroyed justified preserving secrecy and departing from ordinary discovery procedures.']

Ratio Decidendi

The plaintiffs showed a supported possibility that the disputed costs agreements had been recently created and that, if ordinary discovery or notice were used, the opportunity to prove recent creation could be lost. Because the information sought was narrow and the consequences of the orders would have very limited effect if no recent creation had occurred, it was appropriate to grant ex parte relief in the nature of an Anton Piller order.

Court Disposition

Motion granted

Orders

  • ['The plaintiffs were granted the relief sought.' 'An order in the nature of an Anton Piller order was made in terms of the order initialled and dated by Rein J.']