Injunctive remedies
38 Injunctive remedies
The
Supreme Court may grant an injunction—
restraining a person from contravening an award; or
requiring a person to comply with an award.
The power of the Court to grant an injunction restraining a contravention of an award may be exercised—
whether or not the defendant has previously contravened the relevant provision of the award; and
whether or not there is imminent danger of substantial damage to any person.
The power of the Court to grant an injunction requiring compliance with an award may be exercised—
whether or not the defendant has previously failed to comply with the relevant provision of the award; and
whether or not there is imminent danger of substantial damage to any person.
The
Court may grant an interim injunction under this section.
An application for an injunction under this section may be made by—
the
Commission; or
a person with a proper interest in whether the relevant provision is complied with.
The
Court may grant an injunction by consent without inquiring into the merits of the application.
If the Commission makes an application for an injunction, the Court cannot require the Commission or any other person to give an undertaking about damages as a condition of granting the injunction.
The
Court may, on application by the Commission or an interested party, discharge or vary an injunction.
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