General Flashcards

(5 cards)

1
Q

who can grant an interim remedy?

A

any judge apart from freezing orders and search orders which can only be granted by a high court judge

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2
Q

when can C apply for an interim remedy?

A

they can be granted at any time, including before proceedings have been issued

however, an application made pre-issue will only be granted if it is urgent or otherwise desirable to do so in the interests of justice

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3
Q

when can D apply for an interim remedy?

A

D cannot apply before the time for filing an AoS or defence has expired

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4
Q

what is the position regarding evidence?

A

Application must be supported by evidence

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5
Q

when will the court allow an application to be made without notice?

A

Court may grant an interim remedy on an application made without notice if there is good reason for not giving notice (must be addressed in evidence)

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