Dispute - Application for Interim Injunction

Question 1

What types of injunctions are available?

Answer 1

1) Prohibitory - Preventing an act or action.

2) Mandatory - Requiring an act or action.

3) Quia Timet - Specifically requiring an act or action to prevent harm.

Question 2

What case sets out the test for a prohibitory injunction?

Answer 2

American Cyanamid Co v Ethicon Ltd [1975]

Question 3

What are the case law guidelines for a prohibitory injunction?

Answer 3

1) Is there a serious question to be tried?

2) Would damages in lieu of injunction be an adequate remedy?

3) Does the balance of convenience lie in favour of granting or
refusing?

4) Are there any special factors to be considered?

Question 4

What must the applicant set out in order to obtain an mandatory injunction?

Answer 4

1) The applicant must set out what action must be taken;

2) The timeframe in which that action must be carried out; and that,

3) The applicant will suffer serious harm if the action is not carried out in the timeframe.

Question 5

What grounds must be demonstrated for the court to award an Quia Timet injunction?

Answer 5

1) That there is a need to restrain an injury where it is certain, or imminent; or,

2) That mischief of an overwhelming nature is likely.