TSG Corporation Pty Ltd v Islami [2011] FCA 1545

TSG Corporation Pty Ltd v Islami [2011] FCA 1545

The Court made the search orders because the affidavits established, for present purposes, a strong prima facie case on each pleaded cause of action against the respondents severally, prima facie cogent evidence of dishonesty supporting an inference that relevant evidence would be secreted or destroyed if orders...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 July 2011
Procedural Posture
Urgent Ex Parte Motion for Search Orders / Interlocutory Ex Parte Application
Outcome
Urgent ex parte search orders made, with a return date fixed for 14 July 2011 at 10.00 am.
Legal Topics
['search Orders' 'ex Parte Orders' 'preservation of Evidence' 'undertakings as to Damages' 'independent Solicitor and Computer Expert']
['civil Procedure'] ['search Orders' 'ex Parte Orders' 'preservation of Evidence' 'undertakings as to Damages' 'independent Solicitor and Computer Expert']

Source-derived case record

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Procedural Posture

Urgent Ex Parte Motion for Search Orders / Interlocutory Ex Parte Application

Legal Issues

  1. 1 ['Whether urgent ex parte search orders should be made against the respondents under O 25B, r 2 of the Federal Court Rules.' "Whether the applicant's evidence established a strong prima facie case against the respondents." 'Whether there was prima facie cogent evidence of dishonesty giving rise to an inference that relevant evidence would be secreted or destroyed if orders were not made.']

Ratio Decidendi

The Court made the search orders because the affidavits established, for present purposes, a strong prima facie case on each pleaded cause of action against the respondents severally, prima facie cogent evidence of dishonesty supporting an inference that relevant evidence would be secreted or destroyed if orders were not made, and because appropriate undertakings and suitably qualified independent solicitors and computer experts were in place.

Court Disposition

Urgent ex parte search orders made, with a return date fixed for 14 July 2011 at 10.00 am.

Orders

  • ['The application for the orders was made returnable immediately.' 'The time for service of the application, supporting affidavits and originating process was abridged, with service to be effected by no later than 2.00 pm (EST) on Friday 8 July 2011.' 'The orders were to have effect up to and including 14 July 2011,...