Search Orders

When you need the element of surprise it’s important that you get it right.  A search order is a powerful tool in any litigation which needs to be handled carefully.  Meticulous planning and execution is required to make sure that what is sought is a legitimate intrusion on the private rights of those affected.

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Search Orders

Chris has extensive experience in applying for and executing search orders. Chris has appeared as counsel and overseen the execution of fourteen Search Orders to date.  All of his client’s applications for a search order have been granted.

Chris has been counsel in over a dozen successful applications granted by the High Court, Employment Court and the Employment Relations Authority (pre 2006).  Chris was counsel before the full bench of the Employment Court in Axiom Rolle PRP Valuation Services Limited v Kapadia, the leading case on the jurisdiction to grant search orders in the employment context.   He has also obtained a search order as part of a parallel proceeding that had been issued in both the Australian State of Victoria and Auckland. Chris has also had one search order varied on behalf of three defendants in a copyright infringement and electronic trespass case. He has also successfully sought under urgency to have another search order discharged by the High Court.

Executing search orders requires careful preparation. Planning the execution should start well in advance of the papers being filed with the Court. At least one planning meeting should be held with the execution and search team members. Multiple site searches require considerably more planning and preparation.

Click here to access Chris’ review of Peter Biscoe Qc’s text Freezing and Search Orders: Freezing and Search Orders, Butterworths (2005)

Click here to access Chris’ article titled Anton Piller Orders which was published in the New Zealand Security magazine August 2005 edition of The New Zealand Security Magazine.