Certain limits on granting injunctions not to apply
124 Certain limits on granting injunctions not to apply
Restraining injunctions
The power of a relevant court under this Part to grant an injunction restraining a person from engaging in conduct may be exercised:
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; and
whether or not the person has previously engaged in conduct of that kind; and
whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind.
Performance injunctions
The power of a relevant court under this Part to grant an injunction requiring a person to do a thing may be exercised:
whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that thing; and
whether or not the person has previously refused or failed to do that thing; and
whether or not there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that thing.
This Act’s bill:Explanatory memorandumSecond reading speech
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