BANKRUPTCY ACT 1966

PART VI - ADMINISTRATION OF PROPERTY  

Division 4B - Contribution by bankrupt and recovery of property  

Subdivision HA - Supervised account regime  

SECTION 139ZIM   CERTAIN LIMITS ON GRANTING INJUNCTIONS NOT TO APPLY  

139ZIM(1)   Restraining injunctions.  

The power of the Court under this Subdivision to grant an injunction restraining a bankrupt from engaging in conduct of a particular kind may be exercised:


(a) if the Court is satisfied that the bankrupt has engaged in conduct of that kind - whether or not it appears to the Court that the bankrupt intends to engage again, or to continue to engage, in conduct of that kind; or


(b) if it appears to the Court that, if an injunction is not granted, it is likely that the bankrupt will engage in conduct of that kind - whether or not the bankrupt has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the bankrupt engages in conduct of that kind.

139ZIM(2)   Performance injunctions.  

The power of the Court to grant an injunction requiring a bankrupt to do an act or thing may be exercised:


(a) if the Court is satisfied that the bankrupt has refused or failed to do that act or thing - whether or not it appears to the Court that the bankrupt intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or


(b) if it appears to the Court that, if an injunction is not granted, it is likely that the bankrupt will refuse or fail to do that act or thing - whether or not the bankrupt has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the bankrupt refuses or fails to do that act or thing.




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