If you check the on-line court records, you will find that the court below permitted the warrant to be executed and the original tapes have already been seized.
Thanks FF, 
found that nugget this afternoon. So to be clear, CASA applied for and were granted the pertinent warrant and the tapes where seized. Now the courts are holding the 'evidence' until the injunction (my word apologies to the purists) is resolved.
The action on foot is neither the High Court considering the merit of the case, nor is it a consideration of the characterisation of the purported deeds performed by Mr Jones.
Is the question being tested related to the warrant being issued and executed, the 'law' on which it relies;or, other. Serious question. 
Information a bit scarce on this or would do my own research, any insight into how the process works would be welcome. Not of'en the chance comes along where the industry can have a clue about the aviation rules being tested and see the 'big guns' doing their thing.
You'll admit it's deep stuff.
Heigh Ho.