19UFactors relevant to the grant of a mandatory injunction

19U Factors relevant to the grant of a mandatory injunction

(1) The power of the Court to require CSL to do a thing under subsection 19Q(4) must be exercised: (a) whether or not it appears to the Court that CSL intends to refuse or fail again, or to continue to refuse or fail, to do that thing; and (b) whether or not CSL has previously refused or failed to do that thing; and (c) whether or not there is an imminent danger of substantial damage to any person if CSL refuses or fails to do that thing; and (d) whether or not the Commonwealth or another person has or may have any other remedy available to it in relation to the refusal or failure to do that thing. (2) The power of the Court to require a CSL subsidiary to do a thing under subsection 19Q(5) or (6) may be exercised: (a) whether or not it appears to the Court that the subsidiary intends to refuse or fail again, or to continue to refuse or fail, to do that thing; and (b) whether or not it appears to the Court that CSL intends to refuse or fail again, or to continue to refuse or fail, to do anything that CSL is required by the contract to do; and (c) whether or not the subsidiary has previously refused or failed to do that thing; and (d) whether or not there is an imminent danger of substantial damage to any person if the subsidiary refuses or fails to do that thing; and (e) whether or not the Commonwealth or another person has or may have any other remedy available to it in relation to the refusal or failure to do that thing.