Electricity Industry (Access Code Enforcement) Regulations 2005

If, on application, the Supreme Court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute a contravention of a regulatory provision or a conduct provision the Court may grant an injunction in the terms it considers to be appropriate.

An application may be made —

in the case of a regulatory provision — by the Authority and no one else; or

in the case of a conduct provision — by any person.

The 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, or is proposing to engage, in conduct of the kind mentioned in subregulation (1).

The Court may grant an interim injunction pending determination of an application under subregulation (1).

The Court may rescind or vary an injunction granted under subregulation (1), (3) or (4).

The power of the 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 conduct of that kind;

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

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

If the application for an injunction is made by the Authority, the Court must not require the Authority or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.

Nothing in this regulation affects any other power the Court may have to grant injunctive relief.