WEEK 3

ANTON PILLER ORDER

 There are 2 parties in the proceeding P & D. P apply for this application to
enter D’s premises to search for documents & articles.
 Anton Piller KG v Manufacturing Processes Ltd and others [1976] 1 All
ER 779
o The plaintiff had to show that (the P had to give undertaking in case
that it caused damages to D)
 It was essential
 No real harm to the D
 Procedure (IN EXAM, YOU MUST KNOW THE NATURE, LEGAL
REQUIREMENTS [FROM DECIDED CASES], THE PROVISION IN THE
STATUTES
o Order 29 R2
 Notice of application: Form 57
 Affidavit: form 41
 Section 25 of the Court of Judicature Act 1964,
 Preservation of a document
o If there is tendency that the D to destroy the document.
 Can use this word to justify that it is anton piller order
o Clear prima facie case:-
 "The court had a discretion to grant an Anton Piller order to
enable the preservation of a document which did not itself form
the subject matter of the action, where (per Lord Denning MR)
the document was the best possible evidence and the plaintiff
genuinely feared that the defendant would destroy it prior to the
hearing of the action, or (per Donaldson LJ) there was a very
clear prima facie case leading the court to fear that the
defendant would conceal or destroy essential evidence and that
to do so would deprive the plaintiff of any evidence on which to
put forward his claim and so frustrate the process of justice, or
(per Brightman LJ) there was prima facie evidence that essential
documents were at risk….“ (See English Court of Appeal case of
Yousif v Salama [1980] 3 All ER 405.
 Legal requirements (must be pleaded with affidavit)
o It is settled that the basic requirements to be satisfied by an applicant
for an Anton Piller Order at an ex parte stage are as follows:.
 (a) to disclose an extremely strong prima facie case;.
 (b) that a refusal to grant the order will have a very serious effect
to the applicant;.
 (c) that it must be established that the defendant has in its
possession the relevant documents and/or materials being
sought for and that there is a real possibility thatthe defendant
may destroy such documents and/or materials;
 (d) that the applicant is required to make a full and frank
disclosure; and
  (e) that the order should contain the necessary undertakings
and safeguards to be complied with upon its execution (See
Arthur Anderson & Co v. Interfood Sdn Bhd [2005] 1 MLRA 385
 See Emi Ltd v Pandit [1975] 1 All ER 418 – exceptional and emergency
circumstances;
 In Motor Sports International Ltd & Ors v. Delcont (M) Sdn Bhd [1996] 1
MLRA 359;
 [1996] 2 MLJ 605; [1996] 3 CLJ 483; [1996] 2 AMR 2313 where Gopal Sri
Ram JCA
 in his judgment said this at p. 490:.
 “ The provisions of O. 29 r.1 (2A) were introduced by amendment in
order to ensure that ex parte injunctions of any sort were not granted
willy-nilly, but only in cases where they were truly called for. In order to
ensure that the policy behind the introduction of r. 2A is not defeated,
High Courts must demand strict compliance with its terms. More so,
when the relief applied for is in the nature of a Mareva or an Anton Piller
type of injunction because of the incalculable harm and damage that
may be caused to a defendant by the grant of either of these orders.”
(See Arthur Anderson & Co v. Interfood Sdn Bhd [2005] 1 MLRA 385).
o Why? Because it may cause harm to the D if it is not properly
considered by the court.
 FULL & FRANK DISCLOSURE MUST BE STATED IN YOUR DRAFTING !!
 Defendant can set aside the anton pillar order but must provide justification.
 Attachment= property of the defendant (if the d has a property, the d is
attached)
 Arrest and attachment= before mareva & anton exist
 Know the differences between the mareva injunction and section 19(1)
[attachment & arrest]

Things to remember

1. understand the nature of the anton pillar order.

2. must know the legal requirement in applying for anton pillar.
3. must know how to draft the application of anton pillar.
4. must know the procedure to apply the anton pillar.
5. must know the differences between the mareva injunction and section 19(1)
of debtor act.
6. must know what is the arrest and attachment.