Interlocutory application without notice for interim injunction Hamilton
Interlocutory Injunctions Freezing Orders and other Sep 18, 2016 · The meaning of ‘Interlocutory application’is given in the Rule 2 (j) of A.P.Civil Rules of Practice and Circular Orders,1980. It reads: ‘Interlocutory application’ means an application to the court in any suit, appeal or proceeding already institutued in such court,other than a proceeding for execution of a …
Injunctions in English law Wikipedia
Briefing Note Injunctions. May 21, 2018 · Interlocutory application for summary judgment or; Interlocutory application for an interim injunction or; Interlocutory application for a different order. Interest on Money. If you want to recover money and be awarded interest on the money owed to you, you will need to provide specific information in your statement of claim or counter claim, PRACTICE DIRECTION 23A – APPLICATIONS. Applications without service of application notice. 4.1 Unless the court otherwise directs or paragraph 3 or paragraph 4.1A of this practice direction applies the application notice must be served as soon as practicable after it has been issued and,.
In an originating summon and a motion on notice for interlocutory injunction with suit number: FHC/ABJ/CS/815/2019, the plaintiffs, on July 23, asked the court to restrain the National Assembly from going ahead with its plans pending the hearing on the matter. Interim injunctions are either obtained "on notice" or "without notice". With an "on notice" application, the other side is told that the application for an injunction is being made and when and where it will be heard. A "without notice" application is made without the other party having any notice of the application or being present at the
A party brings an application by filing and serving a notice of application, Form 32, and supporting affidavits. Different rules apply depending on the content and length of the application. Applications that will take longer than 2 hours must be scheduled through Trial Division. May 21, 2018 · Interlocutory application for summary judgment or; Interlocutory application for an interim injunction or; Interlocutory application for a different order. Interest on Money. If you want to recover money and be awarded interest on the money owed to you, you will need to provide specific information in your statement of claim or counter claim
Relevant factors in a contested application for an interlocutory injunction..... 7 1) Serious question to be tried 7 When an injunction is ex parte (granted without all parties present) the urgency element of If the injunction has already been obtained but it was not an interim ex parte application (i.e. The granting of interim relief ex parte is an exception rather than the rule. Order 39 Rule 3 contemplates the granting of an ex parte interim injunction. The Rule provides that in case of grant of ex parte interim injunction the interlocutory application should be disposed of within thirty days [Order 39 Rule 3A C.P.C].
A party brings an application by filing and serving a notice of application, Form 32, and supporting affidavits. Different rules apply depending on the content and length of the application. Applications that will take longer than 2 hours must be scheduled through Trial Division. grant of an interlocutory injunction, used properly, the application for and the subsequent grant of an interlocutory injunction can operate as a powerful weapon in a plaintiff’s hands to enable it to bring about a successful resolution of a civil dispute either by decision or resolution. Alternatively, an ill-considered
The granting of interim relief ex parte is an exception rather than the rule. Order 39 Rule 3 contemplates the granting of an ex parte interim injunction. The Rule provides that in case of grant of ex parte interim injunction the interlocutory application should be disposed of within thirty days [Order 39 Rule 3A C.P.C]. URGENT INJUNCTION APPLICATIONS: BEST PRACTICE AND PITFALLS TO AVOID Hugh Sims QC, Richard Ascroft INTRODUCTION the respondent to a without notice freezing injunction made without substantive hearing of an application for interim injunctive relief to try to resole conflicts of evidence or to
Relevant factors in a contested application for an interlocutory injunction..... 7 1) Serious question to be tried 8 Nicholas Smith Interlocutory Injunctions – A guide If the injunction has already been obtained but it was not an interim ex parte application (i.e. Interlocutory Injunctions, Freezing Orders and other applications proceeding and in an urgent case without proper notice; an interim injunction (r. like any other interlocutory application, is made on notice by summons in Form 46A (r. 46.04) which must be filed and served on those entitled to notice of the application (r. 46.05)(and not
The substantive claim should be investigated and formulated as fully as possible before an interim injunction is sought. If the application is made without notice, the applicant and his solicitors owe particular duties to the court including that they must make a fair presentation to the court of the material facts and the law relevant to the circumstances. Where there has been material or substantial non-disclosure, the interim injunction will be generally dissolved or discharged20. 13. An application for an interlocutory injunction, like any other interlocutory application, is made on notice by summons in Form 46A (r. 46.04) which must be filed and served on those entitled
URGENT INJUNCTION APPLICATIONS: BEST PRACTICE AND PITFALLS TO AVOID Hugh Sims QC, Richard Ascroft INTRODUCTION the respondent to a without notice freezing injunction made without substantive hearing of an application for interim injunctive relief to try to resole conflicts of evidence or to application can have lasting consequences. 3. A convenient starting point (and salutary lesson) for those advising a prospective applicant for urgent injunctive relief is the decision of Henderson J in Franses v Somar Al Assad and Ors [2007] EWHC 2442(Ch) where the court held a without notice …
APPLICATION FOR AN INTERIM INJUNCTION 25 MARCH 2013 C’s Application Notice dated 27 February 2013- interim injunction The primary objective of an interlocutory injunction is to protect the Claimant against injury by violation of his right for which he could not be Relevant factors in a contested application for an interlocutory injunction..... 7 1) Serious question to be tried 7 When an injunction is ex parte (granted without all parties present) the urgency element of If the injunction has already been obtained but it was not an interim ex parte application (i.e.
An interim or interlocutory injunction is generally sought on an ex parte basis to preserve the status quo in a dispute until the action can be tried in Court (interlocutory) or until a further order can be made by the Court prior to the hearing (interim). It is generally applied for where the matter is particularly urgent. The granting of interim relief ex parte is an exception rather than the rule. Order 39 Rule 3 contemplates the granting of an ex parte interim injunction. The Rule provides that in case of grant of ex parte interim injunction the interlocutory application should be disposed of within thirty days [Order 39 Rule 3A C.P.C].
Employment Injunctions Employment Rights Ireland
Injunctions in English law Wikipedia. Interim injunctions are either obtained "on notice" or "without notice". With an "on notice" application, the other side is told that the application for an injunction is being made and when and where it will be heard. A "without notice" application is made without the other party having any notice of the application or being present at the, Mar 01, 2013 · INTERLOCUTORY APPLICATIONS UNDER THE NIGERIAN COURT , or until an application on notice for interlocutory injunction is heard or determined; b) It can be made during the hearing of an application for interlocutory injunction if it appears that irreparable damage may be done before the hearing is completed.
Interlocutory Injunctions Freezing Orders and other. Class Action Interim Injunction: Citizens v Crown Interlocutory Application without notice by the Applicant for interim injunction against the Respondents. The application for an interim injunction is made without notice because requiring the applicant to proceed on notice would cause undue delay or prejudice to the applicant, Rxxxx, Interim injunctions are either obtained "on notice" or "without notice". With an "on notice" application, the other side is told that the application for an injunction is being made and when and where it will be heard. A "without notice" application is made without the other party having any notice of the application or being present at the.
Interlocutory Article about interlocutory by The Free
Interlocutory Article about interlocutory by The Free. SENTENCE INTERLOCUTORY, INTERLOCUTORY COSTS, DECREE, DECREE INTERLOCUTORY, INTERLOCUTORY DECREE, INJUNCTION INTERLOCUTORY, DEFINITIVE, DEFINITIVE SENTENCE, ARR&T, PROVISIONAL ORDER. Link to This Definition. Did you find this definition of INTERLOCUTORY helpful? You can share it by copying the code below and adding it to your blog or web page. https://en.m.wikipedia.org/wiki/Vexatious_litigant SENTENCE INTERLOCUTORY, INTERLOCUTORY COSTS, DECREE, DECREE INTERLOCUTORY, INTERLOCUTORY DECREE, INJUNCTION INTERLOCUTORY, DEFINITIVE, DEFINITIVE SENTENCE, ARR&T, PROVISIONAL ORDER. Link to This Definition. Did you find this definition of INTERLOCUTORY helpful? You can share it by copying the code below and adding it to your blog or web page..
grant of an interlocutory injunction, used properly, the application for and the subsequent grant of an interlocutory injunction can operate as a powerful weapon in a plaintiff’s hands to enable it to bring about a successful resolution of a civil dispute either by decision or resolution. Alternatively, an ill-considered An application for an interim injunction can be made at any time, including before proceedings are started and after judgment has been given15. Typically, however, an application is made at the same time, or shortly after, the claim has been issued. The court may only …
Relevant factors in a contested application for an interlocutory injunction..... 7 1) Serious question to be tried 7 When an injunction is ex parte (granted without all parties present) the urgency element of If the injunction has already been obtained but it was not an interim ex parte application (i.e. Practice Note on Injunction the Court may be asked to deal with the Injunction application without notice to the Defendant but this is rarely appropriate. Usually, the Defendant will be given notice of the hearing date, and will have an opportunity to Often, when a temporary or interim Injunction is granted, the proceedings will be
Relevant factors in a contested application for an interlocutory injunction..... 7 1) Serious question to be tried 8 Nicholas Smith Interlocutory Injunctions – A guide If the injunction has already been obtained but it was not an interim ex parte application (i.e. Interlocutory Injunctions, Freezing Orders and other applications proceeding and in an urgent case without proper notice; an interim injunction (r. like any other interlocutory application, is made on notice by summons in Form 46A (r. 46.04) which must be filed and served on those entitled to notice of the application (r. 46.05)(and not
Sinovac Biotech granted interim injunctive relief in falsified documents without hearing the parties and in the absence of KQ's response to the motion, dismissed on June 9 the application for interlocutory injunction filed by BXC. Court case blocking Meralco project in Ghana junked. An interlocutory or interim injunction is granted at an early stage in the court proceedings, pending a final decision by the court at trial. Interim Injunctions can be granted until a specified date or until the trial of the action. Where a without notice application is made, the reasons why it should be heard without notice must be
grant of an interlocutory injunction, used properly, the application for and the subsequent grant of an interlocutory injunction can operate as a powerful weapon in a plaintiff’s hands to enable it to bring about a successful resolution of a civil dispute either by decision or resolution. Alternatively, an ill-considered Practice Notes (4) View all. Updated Interim injunctions—when to apply and on notice applications. This Practice Note explains when and how to apply for an interim injunction ‘on notice’. It includes guidance on which application form to use, how much notice to give, requirements for supporting evidence and service of the application notice, as well as on how best to prepare for the
"Interlocutory" injunctions - The next level of injunctive relief is an interlocutory injunction. It lasts longer than an "interim" injunction, and will often (but not always) stay in place until a full trial can be heard. "Permanent" or final injunctions - these are, as the name suggests, permanent in nature. "Interlocutory" injunctions - The next level of injunctive relief is an interlocutory injunction. It lasts longer than an "interim" injunction, and will often (but not always) stay in place until a full trial can be heard. "Permanent" or final injunctions - these are, as the name suggests, permanent in nature.
Practice Notes (4) View all. Updated Interim injunctions—when to apply and on notice applications. This Practice Note explains when and how to apply for an interim injunction ‘on notice’. It includes guidance on which application form to use, how much notice to give, requirements for supporting evidence and service of the application notice, as well as on how best to prepare for the Sep 18, 2016 · The meaning of ‘Interlocutory application’is given in the Rule 2 (j) of A.P.Civil Rules of Practice and Circular Orders,1980. It reads: ‘Interlocutory application’ means an application to the court in any suit, appeal or proceeding already institutued in such court,other than a proceeding for execution of a …
URGENT INJUNCTION APPLICATIONS: BEST PRACTICE AND PITFALLS TO AVOID Hugh Sims QC, Richard Ascroft INTRODUCTION the respondent to a without notice freezing injunction made without substantive hearing of an application for interim injunctive relief to try to resole conflicts of evidence or to A party brings an application by filing and serving a notice of application, Form 32, and supporting affidavits. Different rules apply depending on the content and length of the application. Applications that will take longer than 2 hours must be scheduled through Trial Division.
Practice Note on Injunction the Court may be asked to deal with the Injunction application without notice to the Defendant but this is rarely appropriate. Usually, the Defendant will be given notice of the hearing date, and will have an opportunity to Often, when a temporary or interim Injunction is granted, the proceedings will be Interim injunctions are either obtained "on notice" or "without notice". With an "on notice" application, the other side is told that the application for an injunction is being made and when and where it will be heard. A "without notice" application is made without the other party having any notice of the application or being present at the
Sep 18, 2016 · The meaning of ‘Interlocutory application’is given in the Rule 2 (j) of A.P.Civil Rules of Practice and Circular Orders,1980. It reads: ‘Interlocutory application’ means an application to the court in any suit, appeal or proceeding already institutued in such court,other than a proceeding for execution of a … May 21, 2018 · Interlocutory application for summary judgment or; Interlocutory application for an interim injunction or; Interlocutory application for a different order. Interest on Money. If you want to recover money and be awarded interest on the money owed to you, you will need to provide specific information in your statement of claim or counter claim
[11] Although rule 17.4(4) speaks to an ex-parte (without Notice) application, a specified time limit is equally applicable to an inter-partes application for an interlocutory injunction. An interlocutory injunction is discretionary and is never granted as of right or course. … An application for an injunction is usually made by giving the other party notice of the application, but, as discussed, it can be without notice if there is a real emergency or need. Any order made in this way will only take effect for few days until a return hearing, at which …
Primer on Permanent Mandatory and Interlocutory Injunctions
Injunctions in English law Wikipedia. The substantive claim should be investigated and formulated as fully as possible before an interim injunction is sought. If the application is made without notice, the applicant and his solicitors owe particular duties to the court including that they must make a fair presentation to the court of the material facts and the law relevant to the, An interlocutory or interim injunction is granted at an early stage in the court proceedings, pending a final decision by the court at trial. Interim Injunctions can be granted until a specified date or until the trial of the action. Where a without notice application is made, the reasons why it should be heard without notice must be.
Interlocutory Article about interlocutory by The Free
Primer on Permanent Mandatory and Interlocutory Injunctions. Sinovac Biotech granted interim injunctive relief in falsified documents without hearing the parties and in the absence of KQ's response to the motion, dismissed on June 9 the application for interlocutory injunction filed by BXC. Court case blocking Meralco project in Ghana junked., A party brings an application by filing and serving a notice of application, Form 32, and supporting affidavits. Different rules apply depending on the content and length of the application. Applications that will take longer than 2 hours must be scheduled through Trial Division..
Practice Note on Injunction the Court may be asked to deal with the Injunction application without notice to the Defendant but this is rarely appropriate. Usually, the Defendant will be given notice of the hearing date, and will have an opportunity to Often, when a temporary or interim Injunction is granted, the proceedings will be May 21, 2018 · Interlocutory application for summary judgment or; Interlocutory application for an interim injunction or; Interlocutory application for a different order. Interest on Money. If you want to recover money and be awarded interest on the money owed to you, you will need to provide specific information in your statement of claim or counter claim
PRACTICE DIRECTION 23A – APPLICATIONS. Applications without service of application notice. 4.1 Unless the court otherwise directs or paragraph 3 or paragraph 4.1A of this practice direction applies the application notice must be served as soon as practicable after it has been issued and, Mar 01, 2013 · INTERLOCUTORY APPLICATIONS UNDER THE NIGERIAN COURT , or until an application on notice for interlocutory injunction is heard or determined; b) It can be made during the hearing of an application for interlocutory injunction if it appears that irreparable damage may be done before the hearing is completed
Sep 21, 2017 · A motion for an interlocutory injunction is usually brought on notice to the other side, sometimes after an interim injunction was granted, either with or without notice to the other side. Interim Interim injunctions are either obtained "on notice" or "without notice". With an "on notice" application, the other side is told that the application for an injunction is being made and when and where it will be heard. A "without notice" application is made without the other party having any notice of the application or being present at the
URGENT INJUNCTION APPLICATIONS: BEST PRACTICE AND PITFALLS TO AVOID Hugh Sims QC, Richard Ascroft INTRODUCTION the respondent to a without notice freezing injunction made without substantive hearing of an application for interim injunctive relief to try to resole conflicts of evidence or to The substantive claim should be investigated and formulated as fully as possible before an interim injunction is sought. If the application is made without notice, the applicant and his solicitors owe particular duties to the court including that they must make a fair presentation to the court of the material facts and the law relevant to the
Relevant factors in a contested application for an interlocutory injunction..... 7 1) Serious question to be tried 7 When an injunction is ex parte (granted without all parties present) the urgency element of If the injunction has already been obtained but it was not an interim ex parte application (i.e. Meaning of temporary injunction: A temporary injunction is an order by which a party to an action is required to do, or refrain from doing, a particular thing until the suit is disposed of or until further orders of the court. A temporary injunction is interim in nature, granted on an interlocutory application of the […]
A motion for an interlocutory injunction is usually brought on notice to the other side, sometimes after an interim injunction was granted, either with or without notice to the other side. Interim injunctions and motions without notice are discussed further below. Special Considerations Related to Interlocutory Mandatory Injunctions [11] Although rule 17.4(4) speaks to an ex-parte (without Notice) application, a specified time limit is equally applicable to an inter-partes application for an interlocutory injunction. An interlocutory injunction is discretionary and is never granted as of right or course. …
PRACTICE DIRECTION 23A – APPLICATIONS. Applications without service of application notice. 4.1 Unless the court otherwise directs or paragraph 3 or paragraph 4.1A of this practice direction applies the application notice must be served as soon as practicable after it has been issued and, It summarises how to apply for an injunction (including the specific requirements when making a without notice application) and how an injunction may be challenged or varied.Free Practical Law trialTo access this resource, sign up for a free, 14-day trial of Practical Law.Free trialAlready registered? Sign in …
The granting of interim relief ex parte is an exception rather than the rule. Order 39 Rule 3 contemplates the granting of an ex parte interim injunction. The Rule provides that in case of grant of ex parte interim injunction the interlocutory application should be disposed of within thirty days [Order 39 Rule 3A C.P.C]. It summarises how to apply for an injunction (including the specific requirements when making a without notice application) and how an injunction may be challenged or varied.Free Practical Law trialTo access this resource, sign up for a free, 14-day trial of Practical Law.Free trialAlready registered? Sign in …
grant of an interlocutory injunction, used properly, the application for and the subsequent grant of an interlocutory injunction can operate as a powerful weapon in a plaintiff’s hands to enable it to bring about a successful resolution of a civil dispute either by decision or resolution. Alternatively, an ill-considered Relevant factors in a contested application for an interlocutory injunction..... 7 1) Serious question to be tried 8 Nicholas Smith Interlocutory Injunctions – A guide If the injunction has already been obtained but it was not an interim ex parte application (i.e.
Relevant factors in a contested application for an interlocutory injunction..... 7 1) Serious question to be tried 7 When an injunction is ex parte (granted without all parties present) the urgency element of If the injunction has already been obtained but it was not an interim ex parte application (i.e. Class Action Interim Injunction: Citizens v Crown Interlocutory Application without notice by the Applicant for interim injunction against the Respondents. The application for an interim injunction is made without notice because requiring the applicant to proceed on notice would cause undue delay or prejudice to the applicant, Rxxxx
May 21, 2018 · Interlocutory application for summary judgment or; Interlocutory application for an interim injunction or; Interlocutory application for a different order. Interest on Money. If you want to recover money and be awarded interest on the money owed to you, you will need to provide specific information in your statement of claim or counter claim Mar 01, 2013 · INTERLOCUTORY APPLICATIONS UNDER THE NIGERIAN COURT , or until an application on notice for interlocutory injunction is heard or determined; b) It can be made during the hearing of an application for interlocutory injunction if it appears that irreparable damage may be done before the hearing is completed
PRACTICE DIRECTION 23A – APPLICATIONS Civil Procedure Rules
Interlocutory Injunctions a guide Blackstone. Dec 23, 2018 · “A mandatory injunction can be granted on an interlocutory application as well as at the hearing, but, in the absence of special circumstances, it will not normally be granted. the defendant hurries on the work in respect of which complaint is made so that when he receives notice of an interim injunction it is completed, a mandatory, Interim injunctions are either obtained "on notice" or "without notice". With an "on notice" application, the other side is told that the application for an injunction is being made and when and where it will be heard. A "without notice" application is made without the other party having any notice of the application or being present at the.
Law Web Leading judgment of Supreme court on interim
Legal Provisions of Order XXXIX of Code of Civil Procedure. An interim or interlocutory injunction is generally sought on an ex parte basis to preserve the status quo in a dispute until the action can be tried in Court (interlocutory) or until a further order can be made by the Court prior to the hearing (interim). It is generally applied for where the matter is particularly urgent. https://en.m.wikipedia.org/wiki/Vexatious_litigant application can have lasting consequences. 3. A convenient starting point (and salutary lesson) for those advising a prospective applicant for urgent injunctive relief is the decision of Henderson J in Franses v Somar Al Assad and Ors [2007] EWHC 2442(Ch) where the court held a without notice ….
PRACTICE DIRECTION 25A – INTERIM INJUNCTIONS. 3.4 Where an application is made without notice to the respondent, the evidence must also set out why notice was not given. [For injunction limited to assets in England and Wales] 5. Until the return date or further order of the court, the Respondent must not remove from England and Wales Dec 23, 2018 · “A mandatory injunction can be granted on an interlocutory application as well as at the hearing, but, in the absence of special circumstances, it will not normally be granted. the defendant hurries on the work in respect of which complaint is made so that when he receives notice of an interim injunction it is completed, a mandatory
Relevant factors in a contested application for an interlocutory injunction..... 7 1) Serious question to be tried 8 Nicholas Smith Interlocutory Injunctions – A guide If the injunction has already been obtained but it was not an interim ex parte application (i.e. "Interlocutory" injunctions - The next level of injunctive relief is an interlocutory injunction. It lasts longer than an "interim" injunction, and will often (but not always) stay in place until a full trial can be heard. "Permanent" or final injunctions - these are, as the name suggests, permanent in nature.
PRACTICE DIRECTION 23A – APPLICATIONS. Applications without service of application notice. 4.1 Unless the court otherwise directs or paragraph 3 or paragraph 4.1A of this practice direction applies the application notice must be served as soon as practicable after it has been issued and, A party brings an application by filing and serving a notice of application, Form 32, and supporting affidavits. Different rules apply depending on the content and length of the application. Applications that will take longer than 2 hours must be scheduled through Trial Division.
It summarises how to apply for an injunction (including the specific requirements when making a without notice application) and how an injunction may be challenged or varied.Free Practical Law trialTo access this resource, sign up for a free, 14-day trial of Practical Law.Free trialAlready registered? Sign in … A party brings an application by filing and serving a notice of application, Form 32, and supporting affidavits. Different rules apply depending on the content and length of the application. Applications that will take longer than 2 hours must be scheduled through Trial Division.
An application for an injunction is usually made by giving the other party notice of the application, but, as discussed, it can be without notice if there is a real emergency or need. Any order made in this way will only take effect for few days until a return hearing, at which … Sep 18, 2016 · The meaning of ‘Interlocutory application’is given in the Rule 2 (j) of A.P.Civil Rules of Practice and Circular Orders,1980. It reads: ‘Interlocutory application’ means an application to the court in any suit, appeal or proceeding already institutued in such court,other than a proceeding for execution of a …
An application for an interim injunction can be made at any time, including before proceedings are started and after judgment has been given15. Typically, however, an application is made at the same time, or shortly after, the claim has been issued. The court may only … (a) an application for a Mareva injunction (freezing order) must be made by interlocutory application under rule 7.12: (b) an applicant for a freezing order without notice to a respondent must fully and frankly disclose to the court all material facts, including— (i) any possible defences known to the applicant; and
PRACTICE DIRECTION 25A – INTERIM INJUNCTIONS. 3.4 Where an application is made without notice to the respondent, the evidence must also set out why notice was not given. [For injunction limited to assets in England and Wales] 5. Until the return date or further order of the court, the Respondent must not remove from England and Wales (a) an application for a Mareva injunction (freezing order) must be made by interlocutory application under rule 7.12: (b) an applicant for a freezing order without notice to a respondent must fully and frankly disclose to the court all material facts, including— (i) any possible defences known to the applicant; and
application can have lasting consequences. 3. A convenient starting point (and salutary lesson) for those advising a prospective applicant for urgent injunctive relief is the decision of Henderson J in Franses v Somar Al Assad and Ors [2007] EWHC 2442(Ch) where the court held a without notice … grant of an interlocutory injunction, used properly, the application for and the subsequent grant of an interlocutory injunction can operate as a powerful weapon in a plaintiff’s hands to enable it to bring about a successful resolution of a civil dispute either by decision or resolution. Alternatively, an ill-considered
Relevant factors in a contested application for an interlocutory injunction..... 7 1) Serious question to be tried 8 Nicholas Smith Interlocutory Injunctions – A guide If the injunction has already been obtained but it was not an interim ex parte application (i.e. Relevant factors in a contested application for an interlocutory injunction..... 7 1) Serious question to be tried 7 When an injunction is ex parte (granted without all parties present) the urgency element of If the injunction has already been obtained but it was not an interim ex parte application (i.e.
A party brings an application by filing and serving a notice of application, Form 32, and supporting affidavits. Different rules apply depending on the content and length of the application. Applications that will take longer than 2 hours must be scheduled through Trial Division. circumstances. Where there has been material or substantial non-disclosure, the interim injunction will be generally dissolved or discharged20. 13. An application for an interlocutory injunction, like any other interlocutory application, is made on notice by summons in Form 46A (r. 46.04) which must be filed and served on those entitled
grant of an interlocutory injunction, used properly, the application for and the subsequent grant of an interlocutory injunction can operate as a powerful weapon in a plaintiff’s hands to enable it to bring about a successful resolution of a civil dispute either by decision or resolution. Alternatively, an ill-considered [11] Although rule 17.4(4) speaks to an ex-parte (without Notice) application, a specified time limit is equally applicable to an inter-partes application for an interlocutory injunction. An interlocutory injunction is discretionary and is never granted as of right or course. …
