DR Interim Injunction

Question 1

Interim Injunction Submissions (Application FOR Interim Injunction prohibiting X from doing Y)

Answer 1

TEST:
1. May be granted where it is just and convenient

(American Cynamid Guidelines - for court to exercise its diiscretion)
2. Serious question of law to be tried?
3. Would damages adequately compensate the other party if the injunction was wrongly given, or wrongly not given.
4. Where does the balance of convenience lie?
5. Applicant gives undertaking to the court, in case the injunction is wrongly given

Question 2

1. May be granted where it is just and convenient

Answer 2

Equitable and discretionary remedy:
- clean hands
- delay
- no practical purpose

Question 3

2. Serious of question of law to be tried?

Answer 3

Not frivolous / vexatious

Question 4

3. Would damages adequately compensate the other party

Answer 4

Normally give cross-undertaking in damages to deal with this

Applicant’s perspective:
- Court will not grant application if applicant could be adequately compensated by damages for any loss caused.
- Yet this is inadequate if respondent can’t pay them / harm is irreparable or unquantifiable / injustice is irreparable / compensation is unquantifiable (e.g., damage to business reputation)

Respondent’s perspective: could potential injustice (for being prevented from doing something under the injunction) be adequately compensated for by damages?
- if an injunction IS granted (i.e., damages are not adequate compensation for applicant), the respondent is going to be prevented from doing something, or required to do something, until trial.
Could they be adequately compensated if wrongly granted?
- if NOT - against relief
- if yes - points to relief

If conclude that damages would be adequate for either party:
- Mention briefly ‘balance of convenience’ to close off the application
- Do not need to consider balance of convenience as submit the damages are adequate

Question 5

Application for discharge

Answer 5

• offering security for claim
• showing injunction was obtained based on material non-disclosure
• failure of applicant to comply with terms on which injunction was granted
• injunction is oppressive
• delay