UNIFORM CIVIL PROCEDURE RULES 1999 - REG 250 Inspection, detention, custody and preservation of property

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 250

250 Inspection, detention, custody and preservation of property

(1) The court may make an order for the inspection, detention, custody or preservation of property if—

(a) the property is the subject of a proceeding or is property about which a question may arise in a proceeding; or

(b) inspection of the property is necessary for deciding an issue in a proceeding.

Note—

Under the Acts Interpretation Act 1954 , schedule 1 —


"property" means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action.

(2) Subrule (1) applies whether or not the property is in the possession, custody or power of a party.

(3) The order may authorise a person to do any of the following—

(a) enter a place or do another thing to obtain access to the property;

(b) take samples of the property;

(c) make observations and take photographs of the property;

(d) conduct an experiment on or with the property;

(e) observe a process;

(f) observe or read images or information contained in the property including, for example, by playing or screening a tape, film or disk;

(g) photograph or otherwise copy the property or information contained in the property.

(4) In the order, the court may impose the conditions it considers appropriate, including, for example, a condition about—

(a) payment of the costs of a person who is not a party and who must comply with the order; or

(b) giving security for the costs of a person or party who must comply with the order.

(5) The court may set aside or vary the order.