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Equitable Personal Remedies I Notes

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This is an extract of our Equitable Personal Remedies I document, which we sell as part of our Equity Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Equity Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:










EQUITABLE
PERSONAL
REMEDIES I



















EQUITY 34 INJUNCTION
An injunction is an order of the court compelling a party to refrain from
doing something, (prohibit), or to perform some positive act, (mandate).
* * *
*
* Final remedy, either alone or as an order to another principal relief
Protect the rights of a party pending the final outcome of litigation
Awarded in equity's exclusive jurisdiction
o Restrains a continuing or anticipated breach of an equitable
obligation
Also awarded in an auxiliary jurisdiction
o Restrain a continuing or anticipated breach of a legal right where
common law damages would be inadequate
Preventative relief

Interim Injunctions:
* Limited time, but expiring on a specific day

Interlocutory Injunctions:
* Preserve the status quo for a limited duration * Matter of urgency for immediate damage
o Full and fair disclosure of all facts
o Material facts known to the plaintiff and would have been known
SS? Legitimate urgency
SS? Time frame

Ex parte and inter partes Injunctions

Ex parte = without the defendant
Inter parties = awarded after all parties have been served

Considerations:
* Adequacy of common law relief
o No injunction will be issued in an auxiliary jurisdiction where a
common law remedy like damages can be applied
SS? Damages may be inadequate where: * There is doubt as to the defendants ability to pay * Where damages are difficult to quantify * Effect of an injunction akin to ordering specific performance * Futility
o When the party on whom the injunction is granted can circumvent
it without committing any wrongful act * Continuing curial supervision
EQUITY 35

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