INJUNCTIONS
Special forms
Prohibitory
Quia timet
Interlocutory
Mandatory
Ex parte
Perpetual
An injunction is a remedy in the form of a court order directed to a specific party to do an act or to
refrain from doing an act. The remedy of injunction is based on principles of equity.
There are various classifications of injunctions. On the subject of classifications of injunctions, the
following passage from Meagher, Gummow & Lehane’s Equity: Doctrines & Remedies is instructive,
“Injunctions may be variously classified. If the purpose of the injunction is to distinguish
between injunctions which forbid and injunctions which command some positive act, they
are called prohibitory or mandatory respectively. If classified according to the point of the
trial at which they are granted, they are classified as interim or interlocutory on the one hand
(being limited in their terms to last until either further order; or until the final hearing of the
case; or until the final hearing or the final order), or final on the other hand. If the purpose is
to distinguish those granted against a defendant who has not been served or will not be
heard from those granted against a defendant who has been served and will be heard, they
are called ex parte and inter partes injunctions respectively. Again, quia timet injunctions,
being injunctions granted against apprehended or threatened wrongs which have not yet
been committed, are often distinguished from injunctions directed against the continuance
or repetition of a wrong.”
PROCEDURE FOR INTERLOCUTORY
INJUNCTION
CASE NOT URGENT (O 29 r 1(2)) CASE URGENT (O 29 r 1 (2A) – (3))
1. Plaintiff commences main action in court by 1. Plaintiff does not need to commence main action in
issuing the originating process and serving it on the court.
Defendant.
2. Plaintiff can immediately apply for an ex parte
2. After commencing action, Plaintiff applies for an interlocutory injunction by an ex parte notice of
interlocutory injunction by a notice of application application supported by an affidavit.
supported by an affidavit (O 29 r 1(2)).
3. The affidavit in support must comply with O 29 r 1
3. Notice of application (sealed copy) will fix a 2A. There are 7 requirements that must be complied
hearing date for the application. with. Non-compliance with O 29 r 1 2A will result in
the application for an ex parte injunction being
4. On the hearing date, the Plaintiff and the
dismissed.
Defendant will attend court. Upon submissions by
the parties, the court will decide whether to grant 4. A hearing date will be fixed for the application.
an interlocutory injunction to last until the
5. Only the Plaintiff attends court on the hearing date
conclusion of the trial.
and will be heard by the court. After hearing the
4. The interlocutory injunction will maintain the Plaintiff, the court may grant an ex parte injunction or
status quo between the parties until the end of the may dismiss the application.
trial.
6. If the court grants an ex parte injunction, the ex
5. At the conclusion of the trial, the court will decide parte injunction will last for 21 days from the date it is
whether to grant a perpetual injunction granted (O 29 r 1(2B)). At the expiry of 21 days, the ex
parte injunction will automatically lapse.
7. If the ex parte injunction is granted, the Plaintiff
must serve the ex parte injunction on the Defendant
within seven (7) days of the date of the order (O 29 r
1 (2BA)).
8. Further, the Court when granting the ex parte
injunction, must fix a hearing date to hear the
application inter partes within fourteen days (14)
from the date of the order (O 29 r 1 (2BA)).
9. The purpose of the inter partes hearing is to bring
both the Plaintiff and Defendant to court and for the
court to decide whether to (i) dismiss the ex parte
injunction or (ii) grant an interlocutory injunction to
last until the end of the trial.
