35Court may make a temporary order without notice

35 Court may make a temporary order without notice

(1) The Court may make a temporary order under section 34 without giving the person against whom the order is sought an opportunity to be heard if it is satisfied—

(a) that there are reasonable grounds for believing that the application under section 34 might be successful; and

(b) that having regard to all the relevant circumstances, the public interest will be best served by the making of the order.

(2) In making an order under this section the Court—

(a) must specify the date on which the order expires; and

(b) must not specify an expiry date that is more than 30 days after the date it makes the order.

(3) The Court may extend an order made under this section, but only if it has started to hear the application under section 34 to which the order relates.

(4) The Court may extend an order under subsection (3) until it gives its decision on the application.

S. 35A inserted by No. 70/2001 s. 16.