TRANSPORT ADMINISTRATION ACT 1988 - SECT 88T
Injunctions
TRANSPORT ADMINISTRATION ACT 1988 - SECT 88T
Injunctions
88T Injunctions
(1) If the Supreme Court, on the application of the Minister, is satisfied
that a person has engaged or is proposing to engage in conduct that
constitutes or would constitute a contravention of section 88S, the Court may
grant an injunction in such terms as the Court determines to be appropriate.
(2) Without prejudice to the generality of subsection (1), an injunction
granted under this section may be, or include, an injunction restraining a
person from carrying on a business (whether as part of, or incidental to, the
carrying on of another business) for a specified period or except on specified
terms and conditions.
(3) If in the opinion of the Court it is desirable to
do so, the Court may grant an interim injunction pending determination of the
application.
(4) The Court may rescind or vary an injunction granted under
this section.
(5) The power of the Court to grant an injunction restraining a
person from engaging in conduct may be exercised--
(a) 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, and
(b) whether or not the person has
previously engaged in conduct of that kind, and
(c) whether or not there is
imminent danger of substantial damage to any person if the first-mentioned
person engages in conduct of that kind.
(6) If the Minister makes an
application to the Court for the grant of an injunction under this section,
the Court is not to require the Minister or any other person, as a condition
of granting an interim injunction, to give any undertaking as to damages.
