Australian Capital Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPREME COURT ACT 1933 - SECT 30

Defence or stay of proceeding instead of prohibition order or injunction

    (1)     A proceeding in the court must not be restrained by a prohibition order or injunction.

    (2)     A defence is available in a proceeding in the court if an injunction would previously have been available in a pre-Judicature Act proceeding of the same kind.

    (3)     However, this section does not prevent the court from ordering a stay in a proceeding in the court.

    (4)     The court may grant a stay in a proceeding in the court on application by an entitled person.

    (5)     In this section:

"entitled person", in relation to a proceeding in the court, means a person (whether or not the person is a party to the proceeding) who would have been entitled, in relation to a pre-Judicature Act proceeding of the same kind—

        (a)     to apply to a court to restrain the prosecution of the proceeding; or

        (b)     to enforce any order or rule in contravention of which all or part of the proceeding had been taken.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]