Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPREME COURT (AMENDMENT) ACT (NO. 2) (NO. 91 OF 1993) - SECT 15

Substitution

15. Sections 34 and 35 of the Principal Act are repealed and the following sections substituted:

“34. At any stage of proceedings, the Court may grant an injunction (interlocutory or otherwise) on such terms as the Court thinks fit if it appears to the Court to be just to do so.

“(2) Without limiting the generality of subsection (1), the Court may grant an injunction to restrain any threatened or apprehended waste, trespass, breach of contract or other injury.

“(3) Subsection (2) applies in relation to a threatened waste or trespass to land whether or not—

        (a)     the person against whom the injunction is sought claims any title to the land;

        (b)     that person is in possession of the land; or

        (c)     the estates claimed by both or either of the parties are legal or equitable.

“34A. At any stage of proceedings, the Court may, by interlocutory order on such terms as the Court thinks fit, appoint a receiver if it appears to the Court to be just to do so.

“34B. (1) The Court has power to grant any relief or remedy by way of a writ of habeas corpus, mandamus, prohibition, certiorari or a writ of any other kind.

“(2) In proceedings in the Court for any relief or remedy of a kind referred to in subsection (1), the Court may, if it thinks fit, instead of directing the issue of the relevant writ, grant the relief or remedy sought by making an order to the like effect.

“35. In proceedings, where no provision about a matter of practice or procedure of the Court is made under this or any other law of the Territory, the Court may give such directions as to practice and procedure as it thinks fit.”.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback