What must an applicant demonstrate to obtain an Anton Piller Order?

To obtain an Anton Piller Order, an applicant must demonstrate a strong prima facie case on the cause of action. This requirement ensures that the applicant has presented sufficient evidence to support their claim, indicating that the court is likely to rule in their favor if the matter were to proceed to trial. Establishing a prima facie case involves presenting enough evidence to create a reasonable belief that the applicant's position holds merit, thereby justifying the need for the extraordinary remedy that an Anton Piller Order represents.

This is crucial because such orders allow for the search and seizure of evidence without prior notice to the respondent, which can significantly impact the respondent's rights. Therefore, the court needs to ensure that there is a solid basis for the claim before granting such an intrusive measure.

In contrast, having superficial evidence of a claim would not meet the threshold necessary to warrant such significant intervention. Showing intent to harm the respondent is also irrelevant to this order, as the focus is predominantly on the strength of the evidence concerning the underlying claim rather than the motives behind the application. Additionally, providing a guarantee of success is not a requirement; the court assesses the likelihood of success based on the evidence presented rather than demanding an assurance of a favorable outcome.