New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 138

138 Supreme Court injunction

(1) If, on the application of the Director-General made with the consent of the Minister, the Supreme Court is satisfied that a person has engaged in conduct that constitutes or would constitute:

(a) an offence against a provision of or made under this Act or any of the Acts referred to in section 135, or

(b) attempting to commit any such offence, or

(c) aiding, abetting, counselling or procuring a person to commit any such offence, or

(d) inducing or attempting to induce a person to commit any such offence, or

(e) being in any way, directly or indirectly, knowingly concerned in, or a party to, the commission by a person of any such offence,

or has persistently entered into contracts in contravention of a requirement made by or under this Act, the Court may grant an injunction in such terms as the Court determines to be appropriate.

(2) Without affecting the generality of subsection (1), an injunction granted under this section may restrain a person from:

(a) committing an offence against, or against a statutory instrument made under, any of the Acts referred to in section 135, or

(b) entering into contracts in contravention of a requirement made by or under this Act.

(3) An interim injunction may be granted under this section without an undertaking being required as to damages or costs or may be so granted as a permanent injunction.