Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 152

Undertakings as to damages and costs

152. Undertakings as to damages and costs



(1) In any application under section 149, 149A or 150, subject to subsection
(2), if-



   (a)  the court would, but for this subsection, require a person to give an
        undertaking as to damages or costs; and

   (b)  the Minister or the Director gives the undertaking-

the court must accept the undertaking by the Minister or the Director and must
not require a further undertaking from any other person.

(2) In an application for an injunction under section 149 or 149A, if the
application has been made by the Minister or the Director and if the court has
determined to grant an interim injunction, the Court must not, as a condition
of granting the interim injunction, require the applicant or any other person
to give any undertaking as to damages or costs.