Part 4
Regulatory and enforcement matters
Civil liability:
Injunctions
83When court may grant restraining injunctions
The court may grant an injunction restraining a person from engaging in conduct of a particular kind if—
- it is satisfied that the person has engaged in conduct of that kind; or
- it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind.
The court may grant an interim injunction restraining a person from engaging in conduct of a particular kind if in its opinion it is desirable to do so.
Subsections (1)(a) and (2) apply whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind.
Subsections (1)(b) and (2) apply whether or not—
- the person has previously engaged in conduct of that kind; or
- there is an imminent danger of substantial damage to any other person if that person engages in conduct of that kind.