General Flashcards
(5 cards)
who can grant an interim remedy?
any judge apart from freezing orders and search orders which can only be granted by a high court judge
when can C apply for an interim remedy?
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
when can D apply for an interim remedy?
D cannot apply before the time for filing an AoS or defence has expired
what is the position regarding evidence?
Application must be supported by evidence
when will the court allow an application to be made without notice?
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)