SCR o 38 - Injunctions

Question 1

38.01 When Court may grant (injunction)

Answer 1

The Court may grant an injunction AT ANY STAGE of a proceeding or, in an URGENT case (R4.08), BEFORE the commencement of a proceeding.

Question 2

38.02 Application before trial

Answer 2

In an URGENT case (R4.08), the Court MAY GRANT an injunction on application made WITHOUT NOTICE.

Where a plaintiff applies for an injunction against a defendant before trial, SERVICE OF NOTICE of the application on that D may be made WHEN SERVING THE OP.

Question 3

38.03 Costs and expenses of non-party

Answer 3

The Court may grant an injunction on condition that the party applying for the injunction give SECURITY FOR THE COSTS AND EXPENSES of ANY person who might be affected.

The Court may make such order for the payment of the costs / expenses of any non-party who might be affected by the grant of an injunction.