The Plaintiffs brought an action alleging that the Defendants were involved in satellite piracy and the improper decryption of the Plaintiffs’ programming. As part of the initial proceedings, the Plaintiffs brought an ex parte motion seeking injunctive relief in the form of an Anton Piller Order.
When attempting to enforce the Anton Piller Order, the Plaintiffs and the Independent Supervising Solicitor were prevented from accessing certain electronic devices listed in the Order. An inspection of this device upon its receipt revealed that significant quantities of data had been altered or destroyed.
After executing this Anton Pillar Order, the Plaintiffs received further evidence to support their position that the Defendant continued to participate in satellite piracy, and also witnessed the Defendant in possession of additional electronic equipment that may contain relevant information to the proceedings.
Consequently, the Plaintiffs brought a motion seeking a second Anton Pillar Order, which was granted. In their attempts to enforce this Order, the Plaintiffs were once again stymied by the Defendants tactics and brought the current contempt proceedings alleging, inter alia, that the Defendants had once again destroyed relevant information.
In its decision, the Court found the Defendants testimony lacked credibility and that they “deliberately and wilfully disobeyed the Second Anton Piller Orders.” As a result, the Court determined that the Defendants were in contempt, and ordered them to purge their contempt forthwith by disclosing, delivering up and granting access to the hardware in question.