sec.59Injunctions

sec.59 Injunctions

The tribunal may, by order, grant an injunction, including an interim injunction, in a proceeding if it is just and convenient to do so. The tribunal may make an order granting an interim injunction whether or not it has given any person whose interests may be affected by the order an opportunity to be heard. The tribunal may act under subsection (1) on the application of a party to the proceeding or on its own initiative. The tribunal’s power to act under subsection (1) is exercisable only by a legally qualified member. The tribunal’s power under subsection (1) is in addition to, and does not limit, any power of the tribunal under an enabling Act to make an order in the nature of an injunction. In making an order under subsection (1) , the tribunal— may require an undertaking, including an undertaking as to costs or damages, it considers appropriate; or may provide for the lifting of the order if stated conditions are met. The tribunal may assess damages for subsection (6) (a) . The tribunal’s power to assess damages under subsection (7) is exercisable only by a legally qualified member. In this section— interim injunction means an injunction that has effect for the duration of a proceeding or a shorter period. s 59 amd 2012 No. 37 s 41 (sec.59-ssec.1) The tribunal may, by order, grant an injunction, including an interim injunction, in a proceeding if it is just and convenient to do so. (sec.59-ssec.2) The tribunal may make an order granting an interim injunction whether or not it has given any person whose interests may be affected by the order an opportunity to be heard. (sec.59-ssec.3) The tribunal may act under subsection (1) on the application of a party to the proceeding or on its own initiative. (sec.59-ssec.4) The tribunal’s power to act under subsection (1) is exercisable only by a legally qualified member. (sec.59-ssec.5) The tribunal’s power under subsection (1) is in addition to, and does not limit, any power of the tribunal under an enabling Act to make an order in the nature of an injunction. (sec.59-ssec.6) In making an order under subsection (1) , the tribunal— may require an undertaking, including an undertaking as to costs or damages, it considers appropriate; or may provide for the lifting of the order if stated conditions are met. (sec.59-ssec.7) The tribunal may assess damages for subsection (6) (a) . (sec.59-ssec.8) The tribunal’s power to assess damages under subsection (7) is exercisable only by a legally qualified member. (sec.59-ssec.9) In this section— interim injunction means an injunction that has effect for the duration of a proceeding or a shorter period.

• (a) may require an undertaking, including an undertaking as to costs or damages, it considers appropriate; or
• (b) may provide for the lifting of the order if stated conditions are met.