Defence or stay of proceeding instead of prohibition order or injunction
30 Defence or stay of proceeding instead of prohibition order or injunction
A proceeding in the court must not be restrained by a prohibition order or injunction.
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.
However, this section does not prevent the court from ordering a stay in a proceeding in the court.
The court may grant a stay in a proceeding in the court on application by an entitled person.
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—
to apply to a court to restrain the prosecution of the proceeding; or
to enforce any order or rule in contravention of which all or part of the proceeding had been taken.
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