2 Mar 1999
WILLIAM HENRY OVERHOLT v. MONINA ACAB OVERHOLT
- Citation
- WILLIAM HENRY OVERHOLT v. MONINA ACAB OVERHOLT
- Court
- Court of First Instance
- Case number
- HCA2624/1997
There was material non-disclosure in the ex parte application because the 1 March 1997 letter stating the Defendant would conduct a further search (and had made photographs available as she believed) was not disclosed to the judge; the omission was material to the court's balancing exercise. Given the lack of necessity and proportionality, the Anton Piller order was discharged. Although Defendant breached the copying agreement by not delivering all photographs before the raid, she did not retain the still-missing items and Plaintiff's claim for those missing photographs was dismissed; Plainti…