Co-Operatives National Law (South Australia) Act 2013

This section applies to conduct that constituted, constitutes or would constitute—

a contravention of this Law; or

attempting to contravene this Law; or

aiding, abetting, counselling or procuring a person to contravene this Law; or

inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Law; or

being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Law; or

conspiring with others to contravene this Law.

On the application of—

the Registrar; or

a person whose interests have been, are or would be affected by conduct that another person has engaged in, is engaging in or is proposing to engage in, the Supreme Court, if satisfied that the conduct is conduct to which this section applies, may grant an injunction, on the terms the court considers appropriate, restraining a person from engaging in the conduct and, if the court considers it desirable to do so, requiring the person to do any act or thing.

If the Supreme Court considers it desirable to do so, the court may grant an interim injunction pending decision of the application.

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

The power of the Supreme Court 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 the conduct; and

whether or not the person has previously engaged in the conduct;

and

whether or not there is an imminent danger of substantial damage to a person if the first‑mentioned person engages in the conduct.

The power of the Supreme Court to grant an injunction requiring a person to do an act or 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 the act or thing;

and

whether or not the person has previously refused or failed to do the act or thing; and

whether or not there is an imminent danger of substantial damage to any person if the first‑mentioned person refuses or fails to do the act or thing.

If the Supreme Court has power under this section to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do a particular act or thing, the court may, either in addition to or in substitution for the grant of the injunction, order the person to pay damages to another person.