Anton Pillar Order
Disputes & Litigation

An Anton Pillar order or search order is a court order requiring a defendant to grant access to property and/or premises, to allow the claimant to conduct a search for evidence that may be easily disposed of upon notice of legal proceedings. Such an order is applied for (to the court) without notice (i.e. ex parte) to the defendant.

These types of orders arose from the case Anton Pillar KG v Manufacturing Processes Ltd. That case was an action for copyright infringement and confidential information. The claimant was concerned that if the defendant had notice of the legal proceedings that were commenced in the ordinary way, that relevant evidence would be destroyed, and thus defeating the the opportunity of the court to conduct a fair trial.  Thus the court was prepared to order that the claimant was authorised to inspect the defendant's premises and seize documents relevant to the legal proceedings.

Such orders are usually available where documents or property have been stolen or some other history of dishonesty on the part of the defendant is demonstrated. They are frequently used in intellectual property legal proceedigns where counterfeiting or piracy is involved. These orders are only available where the claimant is able to demonstrate to the court that if the defendant were forewarned that there is a real danger that vital evidence would be destroyed or hidden, and thus depriving the claimant of the opportunity of justice being sone between the parties.  The court will also look to the company accounts of the claimant prior to granting the order. If there is a possibility that the claimant will not be able to pay the defendant's costs in the event that the order was wrongly made for want of full and frank disclosure or any other reason, the court will insist on a bank guarantee or some other means of security from the claimant prior to making the order sought.

Such orders are now referred to as search orders and are dealt with in s 7 of the Civil Procedure Act and the Civil Procedure Rules.