Anton Piller Order Malaysia Case

The order is named after the 1975 english case of anton piller kg v manufacturing processes limited dealing with the theft of trade secrets although the first reported such order was granted by templeman j earlier that year.

Anton piller order malaysia case. The anton piller case was first cited with approval in lian keow sdn bhd v c paramjothy anor 1982 1 mlj 217 a case concerning a claim for land held in trust for the plaintiff wherein the court granted an order to prevent the first defendant from destroying the trust deed and file relating to the said land. The house considered the existence of the privilege against self incrimination where the anton piller type of order has been made. There is a real possibility that the defendant may destroy such materials. A plaintiff only has to state the material facts relied on in its pleadings.

Azmi scj in aspatra sdn bhd 21 ors v bank bumiputra malaysia bhd anor 1988 1 mlj 97 at 103 104. 6292 practice discovery motion for action for infringement of copyright and using confidential information interim injunction and order for inspection application ex parte for order to enter premises to inspect and remove documents and files. Whilst the anton piller case itself is an intellectual property case the principles on which the court grants an anton piller order can be applied in other cases. The anton piller order which originated from the case of anton piller kg v manufacturing processes allows you to go into your opponent s home office in order to search and seize the documents evidence that you would need to prove your case an anton piller order is basically a very specific type of injunction which grants you the power to do something.

Search orders were formerly known as anton piller orders taking their name for the case of anton piller kg v manufacturing process ltd. We are not joking. In anton piller lord denning described the nature of. That there must be a strong prima facie case.

If the circumstances fit and there is a fear that documents or evidence may be destroyed then the court may grant an anton piller order in other civil cases. In the federal court analyzing the issue based on the merits of the case and precedents ruled that discretion of the trial judge in refusing to order an inquiry to damages should not be disturbed for the following reasons. 3 3 what are the main elements of the claimant s pleadings. They are now formally known as search orders in england and wales new zealand australia and india.

The main criteria for obtaining an anton piller order are. Anton piller has been followed by our appellate courts as follows a the majority judgment of the supreme court delivered by mohd. The court of appeal had. Anton piller is an order to prevent the removal or destruction of evidence before an inter partes application which could be prejudicial at the trial.

Cited phillips v mulcaire sc bailii 2012 uksc 28 sc summary sc uksc 2012 0038 bailii summary 2012 3 wlr 312 2012 wlr d 193 2012 4 all er 207 2012 5 costs lo 609 2013 1 ac 1 2012 emlr 31.