State Financial Institutions and Metway Merger Act 1996

Subsection (2) applies if Suncorp or another person has engaged, is engaging or is proposing to engage in conduct constituting—

a contravention of the mandatory constitution provisions; or

attempting to contravene the mandatory constitution provisions; or

aiding, abetting, counselling or procuring a person to contravene the mandatory constitution provisions; or

inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene the mandatory constitution provisions; or

being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the mandatory constitution provisions; or

conspiring with others to contravene the mandatory constitution provisions.

The Supreme Court may, on the application of the Treasurer, grant an injunction, on the terms the court considers appropriate, restraining Suncorp or the other person from engaging in the conduct and, if the court considers it appropriate, requiring Suncorp or the other person to do something.

If Suncorp or another person has failed, is failing or is proposing to fail to do something that Suncorp or the other person is required by the mandatory constitution provisions to do, the Supreme Court may, on the application of the Treasurer, grant an injunction, on the terms the court considers appropriate, requiring Suncorp or the other person to do the thing.

On an application for an injunction under subsection (2) or (3), the Supreme Court may, if the court considers it appropriate, grant an injunction by consent of all the parties to the proceeding, whether or not the court is satisfied subsection (2) or (3) applies.

If the Supreme Court considers it appropriate, the court may grant an interim injunction pending a decision on an application under subsection (2) or (3).

The Supreme Court may discharge or vary an injunction granted under this section.

The power of the Supreme Court to grant an injunction restraining Suncorp or another person from engaging in conduct may be exercised—

whether or not it appears to the court that Suncorp or the other person intends to engage again, or to continue to engage, in conduct of that kind; and

whether or not Suncorp or the other person has previously engaged in conduct of that kind; and

whether or not there is an imminent danger of substantial damage to a person if Suncorp or the other person engages in conduct of that kind.

The power of the Supreme Court to grant an injunction requiring Suncorp or another person to do something may be exercised—

whether or not it appears to the court that Suncorp or the other person intends to fail again, or to continue to fail, to do the thing; and

whether or not Suncorp or the other person has previously failed to do the thing; and

whether or not there is an imminent danger of substantial damage to a person if Suncorp or the other person fails to do the thing.

If the Treasurer applies to the Supreme Court for the grant of an injunction under this section, the court must not require the Treasurer, as a condition of granting an interim injunction, to give an undertaking as to damages.

If the Supreme Court has power under this section to grant an injunction restraining Suncorp or another person from engaging in particular conduct, or requiring Suncorp or another person to do a particular thing, the court may, either in addition to, or in substitution for, the grant of the injunction, make any other order it considers appropriate against Suncorp or the other person who engaged in the conduct or a person who was involved in the contravention.