An injunction is a court order requiring a party to do something or, more commonly, to refrain from doing something. In New Zealand civil litigation, injunctive relief is one of the most powerful tools available and one of the most time-sensitive. The window to act is often narrow, and the consequences of delay can be severe.
When is an injunction available?
Injunctions may be sought in a range of circumstances, including where:
Assets are at risk of being dissipated or removed from New Zealand
Confidential information is about to be disclosed or misused
A party is in breach of contractual or legal obligations
Irreparable harm will result if the other party is not restrained
Applications can be made on short notice, and in urgent cases without notice to the other party (known as ex parte applications).
The legal test for injunctive relief
To obtain an interim injunction, a court must be satisfied that:
There is a serious question to be tried
The balance of convenience favours granting relief, including that damages would be an inadequate remedy
The applicant provides an undertaking as to damages
The threshold is deliberately high. Courts are cautious about granting relief that may cause significant disruption before a matter has been fully heard.
Search orders
Search orders (formerly known as Anton Piller orders) are a more intrusive form of relief, allowing a party to enter premises and recover or preserve evidence. They are available in exceptional circumstances and require rigorous justification. Misuse or mismanagement of a search order can result in significant adverse consequences for the applicant.
