Anton Piller Order
Anton Pillar Order
What is Anton Piller Order?
An Anton Piller injunction, also known as an “order for the delivery up of goods” or a “search order,” is a type of civil court order that allows the plaintiff to search the defendant’s premises and seize evidence without prior warning or notice to the defendant.
This type of injunction is often used in cases of suspected intellectual property infringement or breach of confidence, where the plaintiff has evidence that the defendant possesses crucial documents or evidence that are necessary to prove the case. The purpose of an Anton Piller injunction is to prevent the defendant from destroying or removing evidence before it can be seized.
What is the purpose of An Anton Pillar order?
By obtaining an Anton Piller injunction, the plaintiff can search the defendant’s premises and seize evidence without prior warning or notice to the defendant, which helps to prevent the defendant from destroying or removing evidence before it can be obtained. This is important because evidence is often crucial in civil cases and can make the difference between success and failure.
The use of Anton Piller injunctions is highly regulated and can only be granted in exceptional circumstances. The court will usually require the plaintiff to provide convincing evidence of the alleged infringement or breach of confidence, and will impose strict conditions on the execution of the injunction to ensure that the defendant’s rights are not unduly infringed.
How to apply an Anton Pillar Injunction in Malaysia
In Malaysia, an Anton Piller order can be applied for under Order 29A of the Rules of Court 2012. The application can be made ex parte (without the defendant’s knowledge) or inter partes (with notice to the defendant).
To apply for an Anton Piller order, you will need to provide the court with convincing evidence of the alleged infringement or breach of confidence, including details of the specific goods or documents that are being sought. You will also need to provide details of the defendant’s premises and any other relevant information that will help the court to make a decision.
The application must be supported by an affidavit that sets out the grounds for the order, the evidence relied upon, and the specific relief sought. The affidavit must be sworn by a person who has personal knowledge of the facts.
If the court is satisfied that an Anton Piller order is necessary, it may grant the order subject to strict conditions to ensure that the defendant’s rights are protected. The order will usually specify the specific goods or documents that can be searched for and seized, and the time and manner in which the search can be conducted.
It is important to note that an Anton Piller order is a powerful tool and should only be used in exceptional circumstances where there is a real risk of harm to the plaintiff’s rights. If you are considering applying for an Anton Piller order in Malaysia, it is recommended that you seek legal advice from a qualified lawyer.
Written by Lawyer Khoo