What does a prima facie case indicate in the context of search orders?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

A prima facie case indicates that there is sufficient evidence to support the claim or application being made, meaning that at first glance, the evidence presented is adequate to establish a legal claim or entitlement to relief unless rebutted by contrary evidence. In the context of search orders, establishing a prima facie case is crucial as it allows a party to demonstrate that there is a legitimate basis for intervening in terms of having a search order granted. It does not require proof of the case's success conclusively but rather shows that there is a plausible basis for the claims being made. This initial showing is essential for the court to consider granting extraordinary remedies like search orders.

In contrast, the other options do not accurately reflect the meaning of a prima facie case. A higher threshold of merit refers to more stringent requirements, which is not what prima facie signifies. A case that has already been tried relates to prior adjudication and does not pertain to the initial evidential standard required to support a claim. The characterization of a case as legally indefensible or showing no likelihood of success runs counter to the concept of a prima facie case, which should reflect a legitimate potential for legal success upon initial evaluation.

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