right, and that such attendance, should the court order the relief sought, will not impair or detract from the efficacy of the order or the execution thereof. (3) The court will not grant an application brought in terms of subsection (1) unless it considers that the applicant has a prima facie claim against the respondent for the infringement of an intellectual property right and that(a) the applicant's right to discovery of documents in any proceedings to be instituted by him or her is likely to be frustrated, either by reason of the nature of the suspected counterfeit goods in relation to which the application is made or due to other circumstances; or (b) should the normal court procedure be followed or implemented, the goods relevant to the issues in those proceedings, or evidence in connection with transactions or dealings with the latter goods, are likely to be destroyed or to be so altered or placed or be otherwise disposed of in such manner as to effectively preclude the applicant from having access to the relevant goods. (4) A court hearing an application so brought, may order that the relief applied for, be granted, subject to the terms and conditions specified in the order, or that relief be refused, or may make any other order that it deems just and appropriate in the circumstances. (5) For the purposes of subsection (4), the court may(a) order that the sheriff or designated person may rely upon the assistance of knowledgeable persons, specified in the order, in identifying the subject goods and ancillary materials; (b) order the applicant to furnish security to the respondent in an appropriate amount equal to a specified percentage of the value of the goods attached; (c) issue an order restraining the respondent pendente lite from infringing the applicant's intellectual property right; (d) issue a rule nisi calling upon the respondent to show cause before or on a specified day (which must fall on a date within 20 court days of the granting of the rule nisi) why an interdict restraining the respondent from infringing the applicant's intellectual property right and any order granting the applicant further relief, including an order directing the delivery of the subject goods up to the applicant, should not be granted or confirmed; (e) order that the applicant, should he or she wish to institute proceedings against the respondent for the infringement of the applicant's intellectual property right, must do so not later than the date specified in the order.