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HOME BUILDING ACT 1989 - SECT 138
Supreme Court injunction
138 Supreme Court injunction
(1) If, on the application of the Secretary made with the consent of the
Minister, the Supreme Court is satisfied that a person has engaged in conduct
that constitutes or would constitute-- (a) an offence against a provision of
or made under this Act or any of the Acts referred to in section 135, or
(b)
attempting to commit any such offence, or
(c) aiding, abetting, counselling
or procuring a person to commit any such offence, or
(d) inducing or
attempting to induce a person to commit any such offence, or
(e) being in any
way, directly or indirectly, knowingly concerned in, or a party to, the
commission by a person of any such offence, or
(f) a contravention of an
undertaking accepted by the Secretary under section 115A,
or has persistently
entered into contracts in contravention of a requirement made by or under this
Act, the Court may grant an injunction in such terms as the Court determines
to be appropriate.
(2) Without affecting the generality of subsection (1), an
injunction granted under this section may restrain a person from-- (a)
committing an offence against, or against a statutory instrument made under,
any of the Acts referred to in section 135, or
(b) entering into contracts in
contravention of a requirement made by or under this Act.
(3) An interim
injunction may be granted under this section without an undertaking being
required as to damages or costs or may be so granted as a permanent
injunction.
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