PRACTICE AND PROCEDURE – application to set aside ex parte search orders – whether applicant made material non-disclosure when seeking orders – whether applicant breached duty of candour – application dismissed
Related cases about search orders
-
BAC Property PL v Nee [2024] FCA 1243
PRACTICE AND PROCEDURE – application by plaintiffs for release from implied undertaking not to disclose or use documents or information obtained under compulsion in an earlier proceeding for preliminary discovery – in the interests of justice to grant the release – release granted PRACTICE AND PROCEDURE – application by plaintiff for ex parte freezing orders…
-
Fortescue Limited v Element Zero PL (No 2) [2024] FCA 1157
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…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca0579
For more information, see the original judgement.
