sec.270YInjunctions

sec.270Y Injunctions

The Supreme Court may, on the application of QCA, grant an injunction if satisfied a distributor has engaged, or is proposing to engage, in conduct that constitutes, or would constitute, any of the following— a contravention of a distribution network code; attempting to contravene a distribution network code; aiding, abetting, counselling or procuring a distributor to contravene a distribution network code; inducing, or attempting to induce, whether by threats, promises or otherwise, a distributor to contravene a distribution network code; being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a distributor of a distribution network code; conspiring with others to contravene a distribution network code. An injunction may be granted on conditions. The court may also grant an injunction by consent of all parties to the application, whether or not the court is satisfied a distributor has engaged, or is proposing to engage, in conduct of a type mentioned in subsection (1) . The court may grant an interim injunction pending its decision on the application. The court must not require anyone, as a condition of granting an interim injunction, to give an undertaking as to damages. The court may amend an injunction or interim injunction. An injunction or interim injunction restraining a distributor from engaging in conduct may be granted whether or not— it appears to the court that the distributor intends to engage again, or to continue to engage, in conduct of that kind; or the distributor has previously engaged in conduct of that kind; or there is an imminent danger of substantial damage to another person if the person engages in conduct of that kind. An injunction or interim injunction requiring a distributor to do an act or thing may be granted whether or not— it appears to the court that the distributor intends to fail again, or to continue to fail, to do that act or thing; or the distributor has previously failed to do the act or thing; or there is an imminent danger of substantial damage to another person if the distributor does not do the act or thing. s 270Y ins 2006 No. 60 s 145 amd 2014 No. 48 s 183 sch 1 (sec.270Y-ssec.1) The Supreme Court may, on the application of QCA, grant an injunction if satisfied a distributor has engaged, or is proposing to engage, in conduct that constitutes, or would constitute, any of the following— a contravention of a distribution network code; attempting to contravene a distribution network code; aiding, abetting, counselling or procuring a distributor to contravene a distribution network code; inducing, or attempting to induce, whether by threats, promises or otherwise, a distributor to contravene a distribution network code; being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a distributor of a distribution network code; conspiring with others to contravene a distribution network code. (sec.270Y-ssec.2) An injunction may be granted on conditions. (sec.270Y-ssec.3) The court may also grant an injunction by consent of all parties to the application, whether or not the court is satisfied a distributor has engaged, or is proposing to engage, in conduct of a type mentioned in subsection (1) . (sec.270Y-ssec.4) The court may grant an interim injunction pending its decision on the application. (sec.270Y-ssec.5) The court must not require anyone, as a condition of granting an interim injunction, to give an undertaking as to damages. (sec.270Y-ssec.6) The court may amend an injunction or interim injunction. (sec.270Y-ssec.7) An injunction or interim injunction restraining a distributor from engaging in conduct may be granted whether or not— it appears to the court that the distributor intends to engage again, or to continue to engage, in conduct of that kind; or the distributor has previously engaged in conduct of that kind; or there is an imminent danger of substantial damage to another person if the person engages in conduct of that kind. (sec.270Y-ssec.8) An injunction or interim injunction requiring a distributor to do an act or thing may be granted whether or not— it appears to the court that the distributor intends to fail again, or to continue to fail, to do that act or thing; or the distributor has previously failed to do the act or thing; or there is an imminent danger of substantial damage to another person if the distributor does not do the act or thing.