Motor Vehicle Traders Act 2011

If the Supreme Court is satisfied, on the application of the Director, that a person has engaged, is engaging or is proposing to engage in conduct that constitutes or would constitute – a contravention of this Act; or an attempt to contravene this Act; or aiding, abetting, counselling or procuring another person to contravene this Act; or inducing, or attempting to induce, by way of threats, promises or otherwise, another person to contravene this Act; or conspiring to contravene this Act – the Court may grant an injunction in such terms as the Court considers appropriate.

Without limiting the generality of subsection (1), an injunction may restrain a person from carrying on a business of dealing in motor vehicles, whether or not as part of, or incidental to, the carrying-on of another business or from being employed or engaged in such a business of dealing in motor vehicles – for the period specified in the injunction; or except on conditions specified in the injunction.

If an application for an injunction under subsection (1) has been made and the Supreme Court considers it appropriate to do so, the Supreme Court may grant an injunction by consent of all the parties to the proceedings whether or not the Court is satisfied that a person has engaged, is engaging or is proposing to engage in conduct of a kind referred to in that subsection.

If an application for an injunction under subsection (1) has been made and the Supreme Court considers it appropriate to do so, the Supreme Court may grant an interim injunction.

In making an interim injunction under this section, the Supreme Court may not require, as a condition of the grant of that interim injunction, any person to give an undertaking as to damages.

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