19TFactors relevant to the grant of a restraining injunction

19T Factors relevant to the grant of a restraining injunction

(1) The power of the Court to grant an injunction under subsection 19Q(3) restraining CSL from engaging in conduct must be exercised: (a) whether or not it appears to the Court that CSL intends to engage again, or to continue to engage, in conduct of that kind; and (b) whether or not CSL 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 CSL engages, or continues to engage, in conduct of that kind; and (d) whether or not the Commonwealth has or may have any other remedy available to it in relation to the conduct. (2) The power of the Court to grant an injunction under subsection 19Q(5) or (6) restraining a CSL subsidiary from engaging in conduct may be exercised: (a) whether or not it appears to the Court that the subsidiary intends to engage again, or to continue to engage, in conduct of that kind; and (b) whether or not it appears to the Court that CSL intends to engage or to continue to engage in conduct that constitutes a breach of a provision of the contract; and (c) whether or not the subsidiary has previously engaged in conduct of that kind; and (d) whether or not there is an imminent danger of substantial damage to any person if the subsidiary engages, or continues to engage, in conduct of that kind; and (e) whether or not the Commonwealth has or may have any other remedy available to it in relation to the conduct.