Dictionary

  • Final injunction

    An injunction granted after the final hearing of a case, which carries finality and permanence. A final injunction can be contrasted to an interlocutory injunction which is granted in the course of a hearing as a temporary stop to maintain the status quo while a matter is decided or otherwise progressed. As such, a final injunction can be seen as a remedy, while an interlocutory injunction is more accurately categorised as an instrument of the court to assist with just proceedings.

    Even if an interlocutory injunction has been granted during proceedings, a final injunction always needs to be issued to finalise the matter. The Court will require both parties to attend court at a later date to present their arguments in relation to the plaintiff’s claim. The Court will then determine whether to enforce the rights claimed by the plaintiff and grant a final injunction, or make some alternative order.

    If the plaintiff loses, the defendant may claim damages for losses suffered as a result of the enforcement of the injunction.

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