Adjudication - Injunctions

Question 1

What is the purpose of a preliminary injunction?

Answer 1

To maintain status quo until case can be determined on its underlying merits.

Question 2

What is a pre, preliminary injunction?

Answer 2

Temporary restraining order.

Question 3

Is a preliminary injunction application on notice or ex-parts?

Answer 3

ex-parte

Question 4

What must you show to get a preliminary injunction?

Answer 4

1) To suffer irreparable harm
2) Merits of underlying case
3) Balance of hardship favours him
4) Injunction in public’s best interest.

Question 5

How long does a preliminary injunction last?

Answer 5

14 days

Question 6

Can I appeal an order denying an injunction?

Answer 6

Yes, you may immediately appeal a court decision to deny an injunction because federal law permits appeal of orders denying an injunction. INTERLOCUTORY ORDERS denying an injunction may be appealed in the federal court system which constitutes an exception to the general rule that interlocutor orders are not appealable because they are not final