305Injunction

305 Injunction (1) If a person has engaged, is engaging or is proposing to engage in any conduct that constituted, constitutes or would constitute an offence under section 287 or 288, the Supreme Court may on the application of a candidate in an election grant an injunction— (a) restraining that person from engaging in the conduct; and (b) if in the opinion of the Supreme Court it is desirable to do so, requiring that person to do any act or thing. (2) The Supreme Court may, if in the opinion of the Supreme Court it is desirable to do so, before considering an application under subsection (1), grant an interim injunction restraining a person from engaging in conduct of the kind referred to in subsection (1) pending the determination of the application. (3) The Supreme Court may discharge or vary an injunction granted under subsection (1) or (2). (4) If an application is made to the Supreme Court for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the power of the Supreme Court to grant the injunction may be exercised— (a) if the Supreme Court is satisfied that the person has engaged in conduct of that kind, whether or not it appears to the Supreme Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or (b) if it appears to the Supreme Court that, in the event that an injunction is not granted, it is likely that the person will engage in conduct of that kind— (i) whether or not the person has previously engaged in conduct of that kind; and (ii) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind. (5) If the application is for the grant of an injunction requiring a person to do a particular act or thing, the power of the Supreme Court to grant the injunction may be exercised— (a) if the Supreme Court is satisfied that the person has refused or failed to do that act or thing, whether or not it appears to the Supreme Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or (b) if it appears to the Supreme Court that, in the event that an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing— (i) whether or not the person has previously refused or failed to do that act or thing; and (ii) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person refuses or fails to do that act or thing. (6) The powers conferred on the Supreme Court under this section are in addition to, and not in derogation of, any other powers of the Supreme Court.