Dictionary

  • Anton Pillar injunction

    Anton Pillar injunction also known in NSW as a “search order”, an Anton Piller injunction is a form of ex parte interlocutory injunction under which the plaintiff is given certain rights of access to and information concerning documents or articles in the defendant’s possession. Named “Anton Piller” injunction after the case of Anton Piller KG v Manufacturing Processes Ltd [1976] Ch 55 (and cited with approval by Stephen J in Simsek v MacPhee (1982) CLR 636), they have a purpose to preserve evidence to support a claim rather than to preserve a defendant’s assets and preventing their diminution (vis-à-vis Mereva injunction).

    Courts in NSW are given the power to make search orders pursuant to rule 25.19 of the Uniform Civil Procedure Rules and Commonwealth Courts are given the same power pursuant to Order 25B, rule 2.

    It is important to note that this is a type of ‘nuclear’ remedy, (being intrusive and disruptive) and therefore the Courts are not inclined to grant this remedy unless safeguards are put in place (see Microsoft Corporation v Goodview Electronics Pty Ltd [1999] FCA 754).

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