Commentary

46.3 Court powers in relation to evidence and property

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

46.3 Court powers in relation to evidence and property

| Commentary

46.3 Court powers in relation to evidence and property

Under the Arbitration Act 1996 Section 44, the court has the power to grant an order for the purposes of preserving evidence1, eg a search order under the Civil Procedure Act 1997 Section 7 allowing a party to search another party’s premises for that purpose2. However, there must be a genuine need to preserve the evidence and, where the evidence is documentation, the application must identify specific documents rather than a general class of documents3.

The court also has the power under Section 44 to grant an order for the inspection, photographing,

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial