61Defence or stay instead of injunction

#### 61 Defence or stay instead of injunction 61 Defence or stay instead of injunction > > (1) The Court shall not restrain by injunction any proceedings pending in the Court. > > > (2) Every matter of equity on which an injunction against the prosecution of proceedings in the Court might formerly have been obtained, whether on terms or conditions or not, may be relied on by way of defence in the proceedings. > > > (3) Where any person, whether a party to proceedings in the Court or not— > > > > > (a) would formerly have been entitled to apply to the Court to restrain the prosecution of the proceedings, or > > > > > (b) is entitled to enforce by attachment or otherwise any judgment or order in contravention of which the proceedings are taken, > > > > the Court may, on application by the person, stay the proceedings either generally or to such extent as the Court thinks fit. > > > (4) This section does not affect the powers of the Court to stay proceedings otherwise than pursuant to this section. > > **s 61:** Am 1972 No 41, sec 6; 1994 No 32, Sch 3.