Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An injunction
granted under this Part may be, or include, an injunction restraining a person
from carrying on a business of supplying goods or services (whether or not as
part of or incidental to, the carrying on of another
business) —
(a) for
a specified period; or
(b)
except on specified terms and conditions.
(2) 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 refuse or
fail again, or to continue to refuse or fail, to do that act or thing;
(b)
whether or not the person has previously refused or 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 refuses or fails to do that act or thing.
(3) Where the Minister
or the Commissioner makes an application to the Court for the grant of an
injunction under this Part, the Court shall not require the applicant or any
other person, as a condition of granting an interim injunction, to give any
undertakings as to damages or costs.
(4)
If —
(a) in a
case to which subsection (3) does not apply, the Court would, but for
this subsection, require a person to give an undertaking as to damages or
costs; and
(b) the
Minister gives the undertaking,
the Court shall accept
the undertaking by the Minister and shall not require a further undertaking
from any other person.
(5) An interim
injunction may be granted under this Part pending final determination of the
application.
(6) A final injunction
may, by consent of the parties, be granted under this Part without proof that
proper grounds for the injunction exist.
(7) An injunction
under this Part may be rescinded or varied at any time.
(8) If the Court
grants an injunction in relation to goods the supply of which would offend
against section 51, 52 or 54, the Court may make such order as it thinks
fit with respect to disposal of the goods.