Western Australian Current Acts Western Australian Current Acts (1) The law to be
administered as to the matters in this section mentioned shall, unless the
contrary is expressly provided by some other enactment, be as set out in
subsections (6) to (12).
[(2)-(5) repealed]
(6) No action shall be
open to objection on the ground that a merely declaratory judgment is sought
thereby, and it shall be lawful for the Court to make binding declarations of
right without granting consequential relief.
[(7), (8) deleted]
(9) A mandamus or an
injunction may be granted, or a receiver appointed, by an interlocutory order
of the Court or a judge in all cases in which it shall appear to the Court or
a judge to be just or convenient that such order should be made; and any such
order may be made either unconditionally or upon such terms and conditions as
the Court or judge shall think just; and if an injunction is asked, either
before or at, or after the hearing of any cause or matter, to prevent any
threatened or apprehended waste or trespass, such injunction may be granted,
if the Court or a judge shall think fit, whether the person against whom such
injunction is sought is, or is not, in possession under any claim of title or
otherwise, or (if out of possession) does or does not claim a right to do the
act sought to be restrained under any colour of title; and whether the estates
claimed by both or by either of the parties are legal or equitable.
(10) In all cases in
which the Court entertains an application for an injunction against a breach
of any covenant contract or agreement, or against the commission or
continuance of any wrongful act, or for the specific performance of any
covenant contract or agreement, the Court may, if it thinks fit, award damages
to the party injured, either in addition to or in substitution for such
injunction or specific performance, and such damages may be assessed in such
manner as the Court directs.
(10A) Nothing in
subsection (10) shall limit or affect the jurisdiction or powers which the
Court has apart from that subsection.
(11) Subject to the
express provisions of any other Act, in questions relating to the custody and
education of infants, the rules of equity shall prevail.
(12) Generally
(subject to the express provision of any other Act), in all matters not
hereinbefore particularly mentioned, in which there was, before the passing of
the Supreme Court Act 1880 6 , any conflict or variance between the rules of
equity and the rules of the common law with reference to the same matter, the
rules of equity shall prevail.
[Section 25 amended: No. 32 of 1969 s. 4; No. 10
of 1982 s. 28; No. 72 of 1984 s. 10 7 ; No. 20 of 2005 s. 17; No. 19 of 2010
s. 51.]