search order

A court has within its inherent jurisdiction to order a person to give permission to a claimant to enter onto premises (those named and described in the order) for the purposes of collecting documents for the purposes of copying them to preserve that evidence to ensure that a fair trial will take place.

Power to make Orders

The power to grant such orders is derived from s 37(1) of the Supreme Court Act 1981. The section states, quite broadly:

"The High Court may by order (whether interlocutory or final) grant an injunction or appoint a receiver in all cases in which it appears to the court to be just and convenient to do so."

Execution of the Order

When these mandatory orders are executed, the defendant is bound to obey it, as it is an order of the court. Failure to do so would amount to a contempt of court.  The defendant is given a short time to obtain legal advice, and thereafter must grant access to premises and provide the information described in the order, such as the location of further premises upon which relevant evidence may be located.

Usage: The intellectual property rights owner applied for a search order to preserve evidence for trial, on the basis of a suspicion that relevant evidence would be destroyed if litigation was commenced on notice.

Related Words: interim order; litigation; interim injunction; without notice application.