Search Orders Handbook (eBook)

Search Orders (or Anton Piller Orders as they were originally titled and remained known for some 35 years) represent a highly invasive and draconian use of the Court’s powers in its civil jurisdiction. They direct an owner or occupier of premises to permit, without any prior notice whatever, another person or group of persons to enter private, business or residential premises and seize property and take it away for safe keeping and analysis. They have been regarded as at the extreme outer limits of the Court’s jurisdictions, as with freezing (Mareva) orders.
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ISBN/ISSN: 9781927149362

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Search Orders (or Anton Piller Orders as they were originally titled and remained known for some 35 years) represent a highly invasive and draconian use of the Court’s powers in its civil jurisdiction.  They direct an owner or occupier of premises to permit, without any prior notice whatever, another person or group of persons to enter private, business or residential premises and seize property and take it away for safe keeping and analysis.  They have been regarded as at the extreme outer limits of the Court’s jurisdictions, as with freezing (Mareva) orders.

Developed in England in the early to mid 1970s they became accepted as part of the armoury of commercial and intellectual property litigators in all common law jurisdictions around the world including New Zealand.

In most of those jurisdictions the rules of practice and procedure applicable to search orders were developed incrementally and engrafted on to existing rules of Court dealing with discovery and preservation of property.  Gradually codification occurred and almost without exception the jurisdiction is now specifically recognised in bespoke rules of Court.  The New Zealand Rules are now contained in Part 33 of the High Court Rules 2008 representing our endeavour to codify the procedure.

Whilst the subject has been written about in overseas texts there has hitherto been no stand alone New Zealand text on the subject.

Written by an internationally renowned author with almost 40 years experience Search Orders is a practical guidance handbook on search orders, ancillary orders and practice and procedure generally.

The book covers: requirements; jurisdiction; procedure; obligations of good faith and full disclosure; undertakings; third party issues; ancillary orders; no departure orders; execution; compliance and costs amongst other relevant matters.  It also includes sample forms and precedents.

LawNews 3 August 2012 Review

Related Texts
New Zealand Procedure Manual: High Court
Intellectual Property in New Zealand, 2nd edition
Trade Marks in Practice, 2nd edition

Table of contents

Chapter 1: Introduction

Chapter 2: Without notice application

Chapter 3: Jurisdiction - which court?

Chapter 4: Procedure

Chapter 5: Undertakings

Chapter 6: Independent supervising solicitors, IT consultants and insurance

Chapter 7: The obligation of full and frank disclosure

Chapter 8: Compliance with and breach of disclosure obligations

Chapter 9: Ancillary orders

Chapter 10: Specified persons, confidentiality and form of the search order

Chapter 11: Third parties

Chapter 12: Roving (or rolling) search orders

Chapter 13: The plaintiff's response to the threat

Chapter 14: Directions for execution

Chapter 15: The material subject to the search order

Chapter 16: The extent or reach of the order

Chapter 17: Disputes over confidentiality and privilege on execution of order

Chapter 18: The yield

Chapter 19: No departure or Bayer v Winter orders

Chapter 20: Appointment of receiver and delivery up of property

Chapter 21: Disclosure orders

Chapter 22: Compliance with the order

Chapter 23: Setting aside the order

Chapter 24: Remedies for breach of order

Chapter 25: Judicial oversight, delay and costs

Appendix A: Precedents

Appendix B: New Zealand High Court Rules 2008

Index