Northern Territory Consolidated Regulations

SUPREME COURT RULES 1987 - REG 37.02

    (1)     This rule applies to property not being a document.

    (2)     In this rule "applicant" means an applicant for an order under the rule.

    (3)     Where:

        (a)     there is reasonable cause to believe that the applicant has or may have the right to obtain relief in the Court from an identified person;

        (b)     after making all reasonable enquiries, the applicant has not sufficient information to enable him to decide whether to commence a proceeding in the Court to obtain that relief; and

        (c)     there is reasonable cause to believe that the person has or is likely to have in his possession, custody or power property relating to the question whether the applicant has the right to obtain the relief and that inspection of the property by the applicant would assist him to make the decision,

the Court may make an order for the inspection, detention, custody or preservation of the property.

    (4)     An order under subrule (3) may authorize a person to do any of the things referred to in rule 37.01(2).

    (5)     On an application under this rule the Court may make an order for the costs and expenses of the applicant and the person against whom the order is sought.

    (6)     The Court may make an order under this rule on condition that the applicant give security for the costs and expenses of the person against whom the order is made.