Document ID: chunk:federal_register_of_legislation:C2024C00640:section:37:p2
Version: federal_register_of_legislation:C2024C00640
Segment Type: section
Provision Reference: s 37 (pt 2/2)
Character Range: 89096–90130

of an injunction requiring a person to do a particular act or thing, the power of the Court to grant the injunction may be exercised:
 (a) if the Court is satisfied that the person has refused or failed to do that act or thing—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; or
 (b) if it appears to the Court that, in the event that an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and 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.
 (7) Where the Minister makes an application to the Court for the grant of an injunction under this section, the Court shall not require the Minister or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.