Members Area
    
 
   

CIVIL LAW

Anton Piller Orders - A Civil Court Search Warrant

 Select Topic
 
 Related Topics
Feedback/Reviews/Blogs


Anton Piller Orders – Civil Search and Seizure Warrants

 

How do you act quickly to stop someone ripping off your intellectual property and destroying any evidence which could prove your case?

 

This topic gives you all the basic information about these orders and the documents you need to file to obtain such an order.

 

This wide ranging order of the Court is exciting and refreshing because it shows that, in the right case, the High Court can move quickly to prevent a dishonest Defendant from destroying evidence or vanishing before they can be the subject of a final judgment in a Civil Court.

 

You may wish to sue someone who has caused you damage.  There may be a breach of contract or they may have stolen your intellectual property or breached any number of commercial or civil laws.

 

But you may not be able to prove the allegations fully unless you manage to find and preserve documents or items which the Defendant may have in his position and control.  Further, you may have reasonable grounds to believe that they will destroy the documents, or hide them well out of your reach, if you simple take your normal pre-trial discovery rights and no more.  What you need is the power to act pre-emptively!

 

The law provides you with a very useful power.  It is granted in exceptional cases but it amounts to a power, granted by a Court upon your application, actually to search for and seize documents in the possession of the Defendant.The first part of this topic has been displayed free of charge. Join up for $45 to have access to this and all other topics!


Feedback/Reviews/Blogs
"Always wondered what this was. Now I know. Are New Zealand Judges granting them regularly? David K."
"NETLAW replies - They are becoming more common BUT you have to make out a strong case and under no circumstances will the Court allow them to be used as a mere "fishing expidition". You don't get them as a matter of course."
Feedback/Blogs/Reviews from related topic: Court Costs - Win Or Lose
"It's not fair that when you win a case you still have to beg a judge to award you costs and even then the award is always less than you have to pay your lawyer. This happened to me. My lawyer told me that there's always two sides to a story but the judge didn't recognise any validity in the other side's claim yet the nett result is that I recover only about 60% of my costs to my lawyer and the other 40% is about half of what I won in the case. That isn't justice. A real pissed off Kevin J. - Auckland - June 2007"
"NETLAW replies. Yes, we agree. What you need to do in these cases is make an Application for "Full and Reasonable Costs" and argue that the Court should (it can) make a full award. You need to convince a Judge that the other side never really has a chance of winning and that it is unfair that you should have to pay any costs. That is the way it is in the UK and Australia. But in New Zealand, it is usually only a percentage of the costs that you get back. That is unfair in many many cases. NETLAW - June 2007"
Feedback/Blogs/Reviews from related topic: Court Costs - Win Or Lose
"Bloody useful and practical. I sued for the recovery of money owing to me by a former friend. He owed me &11,000 so I could not use the Disputes Tribunal. I used a simple Statement of Claim. I forgot the Notice of Proceeding and the Court helped me but I then noticed that you had one on Netlaw. Your documents helped me and the Court staff were pretty good too. Cheers . . . Colin Dunedin - May 2007"
Feedback/Blogs/Reviews from related topic: Court Costs - Win Or Lose
"I found this interesting. I want to sue for punitive damages and I was interested to learn that our courts are pretty conservative. I think the Welfare have quite wrongly taken my kids and I have found out that the affidavit they gave to a Judge to get an order to uplift them was known to the Welfare to be incorrect. They told the Judge that I had drug convictions but when I found out 5 months ago that they thought that I proved then to them that this was untrue yet I have now found that they have still put this false evidence in an affidavit. But they have also told other people about my "drug convictions". You have to watch these people. (name witheld) - May 2007"
Feedback/Blogs/Reviews from related topic: Court Costs - Win Or Lose
"Great to be right up to date with the new Evidence Act. Richard G. - Wellington"
Feedback/Blogs/Reviews from related topic: Court Costs - Win Or Lose
"You provide all the documents. Thank you. - Brett -Auckland"
Feedback/Blogs/Reviews from related topic: Court Costs - Win Or Lose
"Never knew what this meant. Now I do. Needs to be read with your other civil topics on suing people etc. Pete A - Whakatane - May 2007"
Feedback/Blogs/Reviews from related topic: Court Costs - Win Or Lose
"Great. See the other topics on Statement of Claim -Some Examples - Graeme - Tauranga"
Feedback/Blogs/Reviews from related topic: Court Costs - Win Or Lose
"A fabulous topic. Why are there no other sites which actually give examples. The lay person does not get to see Claims like this set out so clearly. I think there is a bit of a myth about te law which is buit up by lawyers. Please get as many examples as you can on to this topic please Netlaw . . . Graeme - Tauranga - May 2007"
 Select Topic
 
 Related Topics