70Supreme Court injunctions

70 Supreme Court injunctions

70 Supreme Court injunctions

(1) The Supreme Court may grant an injunction in such terms as the Court determines to be appropriate if satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes, or would constitute—

(a) a contravention of a provision of this Act, or

(b) attempting to contravene such a provision, or

(c) aiding, abetting, counselling or procuring a person to contravene such a provision, or

(d) inducing, or attempting to induce, whether by threats or promises or otherwise, a person to contravene such a provision, or

(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision, or

(f) conspiring with others to contravene such a provision.

(2) The Supreme Court may grant an injunction under this section only on the application of the Secretary made with the consent of the Minister.

(3) The power of the Supreme Court to grant an injunction restraining a person from engaging in conduct may be exercised—

(a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind, and

(b) whether or not the person has previously engaged in conduct of that kind, and

(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.

(4) The power of the Supreme Court to grant an injunction requiring a person to do an act or thing may be exercised—

(a) whether or not it appears to the Court that the person intends to fail again, or to continue to fail, to do that act or thing, and

(b) whether or not the person has previously failed to do that act or thing, and

(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person fails to do that act or thing.

(5) An injunction may be granted under this section as an interim injunction without an undertaking being required as to damages or costs or may be granted as a permanent injunction.