New South Wales Consolidated Acts

DISTRICT COURT ACT 1973 - SECT 140

140 Temporary injunctions

(1) The Court shall have jurisdiction to grant an injunction, to be called a temporary injunction, to restrain--

(a) a threatened or apprehended trespass or nuisance, or

(b) the breach of a negative stipulation in a contract the consideration for which does not exceed $100,000,

in like manner, subject to this Subdivision, as the Supreme Court might grant an interlocutory injunction in like circumstances.

(2) Subject to this Subdivision, a temporary injunction shall continue in force for a specified period not exceeding fourteen days, but if the specified period is less than fourteen days, it may be renewed from time to time, but so that the total period for which the temporary injunction is in force does not exceed fourteen days.

(3) A temporary injunction may be renewed so that the total period for which it is in force exceeds fourteen days if the Court is satisfied that the additional time is required to enable proceedings to be commenced or heard in the Supreme Court in relation to the matter.

(4) A temporary injunction shall cease to be in force if--

(a) the Court, on the application of a party, so orders, or

(b) the Supreme Court, on the application of a party, so orders, whether or not the Supreme Court grants an injunction or gives any other relief in relation to the matter.

(5) Proceedings for a temporary injunction may be commenced at any proclaimed place, not being a prescribed proclaimed place.

(6) A temporary injunction may be renewed by the Court only where it is sitting at a proclaimed place that is not a prescribed proclaimed place.

(7) A reference in this section to the renewal of a temporary injunction includes a reference to the grant of another temporary injunction in respect of the same matter by the Court, whether before or after the expiry of the firstmentioned injunction.