Search Orders Handbook (eBook)
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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.
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