ACTIn ForceAct
Supreme Court Act 1933
30Defence or stay of proceeding instead of prohibition
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30 Defence or stay of proceeding instead of prohibition
order or injunction
(1) A proceeding in the court must not be restrained by a prohibition
order or injunction.
(2) A defence is available in a proceeding in the court if an injunction
would previously have been available in a pre-Judicature Act
proceeding of the same kind.
(3) However, this section does not prevent the court from ordering a stay
in a proceeding in the court.
(4) The court may grant a stay in a proceeding in the court on application
by an entitled person.
(5) In this section:
entitled person, in relation to a proceeding in the court, means a
person (whether or not the person is a party to the proceeding) who
would have been entitled, in relation to a pre-Judicature Act
proceeding of the same kind—
(a) to apply to a court to restrain the prosecution of the proceeding;
or
(b) to enforce any order or rule in contravention of which all or part
of the proceeding had been taken.