12 Jan 2024
An inter-partes summons is necessary for an application for a final DVO injunction; the mother failed to issue a proper inter-partes summons and therefore her ex-parte summons (on notice) is dismissed and the interim injunction discharged.
17 Jun 1992
The ex‑parte order was varied: the court allowed inspection of the vessel and specified navigational documents as relevant and necessary, but discharged the wider paragraphs permitting copying and broad access to documents because plaintiffs had not shown urgency or imminent risk of loss sufficient to justify advance discovery/copying at that stage; plaintiffs failed to prove material cargo damage but did show a good arguable case on indemnity exposure for salvage, justifying limited preservation/inspection but not sweeping document seizure; costs were awarded to defendants for the ex‑parte r…
30 Apr 1986
The ex‑parte Anton Piller order was discharged because the applicants failed to make full and frank disclosure of several material matters and because the evidence did not establish a real possibility (as distinct from an extravagant fear) that defendants would destroy or conceal material; however the plaintiffs established a serious question to be tried and the balance of convenience favoured interim injunctive relief, so a non‑mandatory interlocutory injunction was granted on terms while the court exercised control over the use and custody of material seized under the executed order.