SUPREME COURT ACT 1935 - SECT 25

SUPREME COURT ACT 1935 - SECT 25

25—Defence instead of injunction or prohibition

No cause or proceeding at any time pending in the court shall be restrained by prohibition or injunction, but every matter of equity on which an unconditional injunction against the prosecution of any such cause or proceeding might formerly have been obtained, may be relied on by way of defence thereto:

Provided that—

            (a)         nothing in this Act shall disable the court, if it thinks fit, from directing a stay of proceedings in any cause or matter pending before it; and

            (b)         any person, whether a party or not to any such cause or matter, who would formerly have been entitled to apply to the court, in any of its jurisdictions, to restrain the prosecution thereof, or who may be entitled to enforce, by attachment or otherwise, any judgment, decree, rule, or order, in contravention of which all or any part of the proceedings in such cause or matter may have been taken, shall be at liberty to apply to the court, in a summary way, for a stay of proceedings in the cause or matter, either generally or so far as may be necessary for the purposes of justice, and the court shall thereupon make such order as is just.