New South Wales Consolidated Acts

WARNERVALE AIRPORT (RESTRICTIONS) ACT 1996 - SECT 13

13 Injunction to prevent contravention

(1) If the Supreme Court is satisfied, on application, that a person has engaged in or is proposing to engage in conduct that constitutes or would constitute a contravention of this Act, the Court may grant an injunction, in such terms as the Court determines to be appropriate, restraining the person from engaging in any conduct and, if in the opinion of the Court it is desirable to do so, requiring that person to do any act or thing.

(2) An application under this section may be brought by any person, whether or not any right of the person has been infringed by or as a consequence of the contravention.

(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 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 an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.

(6) The power of the Court to grant an injunction requiring a person to do an act or thing may be exercised:

(a) whether or not it appears to the Court that the person intends to fail again, or to continue to fail, to do an act or thing, and

(b) whether or not the person has previously failed to do that act or thing, and

(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person fails to do that act or thing.

(7) 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 undertakings as to damages.