sec.46Injunctions

sec.46 Injunctions

Where a person has engaged, is engaging or is proposing to engage in conduct that contravenes a provision of this Act the Supreme Court may on the application of— the Minister; or a person whose interests have been, are or are likely to be affected by the conduct; grant an injunction restraining the firstmentioned person from engaging in the conduct and, if in the opinion of the court, it is desirable to do so, requiring that person to do any act or thing. Where— a person has refused or failed, is refusing or failing or is proposing to refuse or fail to do any act or thing; and that refusal or failure is or would be a contravention of a provision of this Act; the court may on the application of— the Minister; or a person whose interests have been, are or are likely to be affected by that refusal or failure; grant an injunction requiring the firstmentioned person to do that act or thing. Where an application is made to the Supreme Court for an injunction under subsection (1) the court may, if in its opinion it is desirable to do so, before considering the application, grant an interim injunction restraining conduct of the kind referred to in the subsection pending the determination of the application. The Supreme Court may rescind or vary an injunction granted under subsection (1) , (2) or (3) . Where an application is made for an injunction restraining conduct of a particular kind or requiring the doing of any act or thing the power of the Supreme Court to grant the injunction may be exercised— if the court is satisfied that the person whose conduct is to be restrained or who is to be required to do the act or thing has engaged in conduct of that kind or, as the case may be, has refused or failed to do the act or thing—whether or not it appears to the court that the person intends to engage again or continue to engage in conduct of that kind or, as the case may be, intends to refuse or fail again or to continue to refuse or fail to do the act or thing; or if it appears to the court that in the event that an injunction is not granted it is likely that the person whose conduct is to be restrained or who is to be required to do the act or thing will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind—or, as the case may be, will refuse or fail to do the act or thing—whether or not the person has previously refused or failed to do the act or thing—and, in either case, whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind or, as the case may be, refuses or fails to do the act or thing. Where the Minister makes application to the Supreme Court for an injunction under this section the court shall not require the Minister or any other person to give an undertaking as to damages as a condition of granting an interim injunction. (sec.46-ssec.1) Where a person has engaged, is engaging or is proposing to engage in conduct that contravenes a provision of this Act the Supreme Court may on the application of— the Minister; or a person whose interests have been, are or are likely to be affected by the conduct; grant an injunction restraining the firstmentioned person from engaging in the conduct and, if in the opinion of the court, it is desirable to do so, requiring that person to do any act or thing. (sec.46-ssec.2) Where— a person has refused or failed, is refusing or failing or is proposing to refuse or fail to do any act or thing; and that refusal or failure is or would be a contravention of a provision of this Act; the court may on the application of— the Minister; or a person whose interests have been, are or are likely to be affected by that refusal or failure; grant an injunction requiring the firstmentioned person to do that act or thing. (sec.46-ssec.3) Where an application is made to the Supreme Court for an injunction under subsection (1) the court may, if in its opinion it is desirable to do so, before considering the application, grant an interim injunction restraining conduct of the kind referred to in the subsection pending the determination of the application. (sec.46-ssec.4) The Supreme Court may rescind or vary an injunction granted under subsection (1) , (2) or (3) . (sec.46-ssec.5) Where an application is made for an injunction restraining conduct of a particular kind or requiring the doing of any act or thing the power of the Supreme Court to grant the injunction may be exercised— if the court is satisfied that the person whose conduct is to be restrained or who is to be required to do the act or thing has engaged in conduct of that kind or, as the case may be, has refused or failed to do the act or thing—whether or not it appears to the court that the person intends to engage again or continue to engage in conduct of that kind or, as the case may be, intends to refuse or fail again or to continue to refuse or fail to do the act or thing; or if it appears to the court that in the event that an injunction is not granted it is likely that the person whose conduct is to be restrained or who is to be required to do the act or thing will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind—or, as the case may be, will refuse or fail to do the act or thing—whether or not the person has previously refused or failed to do the act or thing—and, in either case, whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind or, as the case may be, refuses or fails to do the act or thing. (sec.46-ssec.6) Where the Minister makes application to the Supreme Court for an injunction under this section the court shall not require the Minister or any other person to give an undertaking as to damages as a condition of granting an interim injunction.