Enforcement of Div. 2 and 4, Supreme Court’s powers for
42Q Enforcement of Div. 2 and 4, Supreme Court’s powers for
The Supreme Court may, on the application of the Minister, grant an injunction in such terms as the court thinks fit where the court is satisfied that the Bankwest owner —
has done or omitted to do or is proposing or attempting to do or omit to do any thing that amounts to, or would amount to, a contravention of a provision of Division 2 or 4; or
is involved in a contravention of a provision of Division 2 or 4.
An interim or interlocutory injunction may be granted before final determination of an application.
If the Minister applies to the Supreme Court for an injunction under this section, the court is not to require the Minister, as a condition of granting an interim injunction, to give an undertaking as to damages.
A reference in subsection (1) to a person being involved in a contravention is a reference to a person who —
has aided, abetted, counselled or procured the contravention; or
has induced the contravention, whether by threats or promises or otherwise; or
has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or
has conspired with others to effect the contravention; or
has attempted to do any act of a kind referred to in paragraph (a), (b), (c) or (d).
[Section 42Q inserted: No. 14 of 2012 s. 7.]
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