Gemi 169 Pty Ltd v Suria Global (L) Pty Ltd

The case involved Gemi 169 Pty Ltd suing Suria Global (L) Pty Ltd in the Supreme Court of New South Wales. The primary issue was whether the court should grant an interim preservation order and a search order to the plaintiff to prevent the defendant from destroying or concealing evidence. The plaintiff argued that there was an urgent need to obtain documents and information from the defendant to ensure the success of their main claim for breach of contract and other related claims.

The court examined the criteria for granting an interim preservation order and a search order, including whether there was a serious question to be tried, a real possibility of success, and a risk of harm if the order was not granted. The plaintiff presented evidence of the defendant's potential destruction or concealment of relevant documents and argued that without these documents, the plaintiff's case would be severely prejudiced. The court considered the balance of convenience and weighed the rights of both parties.

After careful consideration, the court found that the plaintiff had satisfied the necessary criteria for granting an interim preservation order and a search order. The court determined that there was a serious question to be tried, the plaintiff had a real possibility of success, and there was a significant risk of harm if the order was not granted. The court also noted the importance of preserving evidence in cases where there is a risk of spoliation. Therefore, the court ordered the defendant to preserve all documents and information relevant to the plaintiff's claims and granted the plaintiff permission to search and seize these documents. The court emphasised the need for the defendant to cooperate fully with the plaintiff in this process.