PRACTICE AND PROCEDURE – application to set aside ex parte search orders made by the duty judge – whether the applicants overstated and misrepresented to the duty judge the strength of the applicant’s prima facie case – whether, on the evidence, there was no real risk of destruction of documents – whether there was a material non-disclosure by the applicants in seeking the search orders – whether the Court should exercise its discretion to set aside the search orders where there has been a material non-disclosure – whether the applicants’ surveillance of the respondents prior to obtaining the search orders was excessive – whether the form and scope of the search orders was inappropriately broad and resulted in excessive capture of the relevant respondents’ information – application dismissed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1157
For more information, see the original judgement.
