Judicature (Northern Ireland) Act 1978

91 Orders for sale, mandatory or other injunctions and receivers. U.K.

(1) The High Court and, in matters within its jurisdiction, the county court may at any stage of any proceedings—

(a) order a sale of any property;

(b) grant a mandatory or other injunction; or

(c) appoint a receiver,

in any case where it appears to the court to be just [F1 and] convenient to do so for the purposes of any proceedings before it and, if the case is one of urgency, the court may grant such an injunction before the commencement of the proceedings.

(2) Any order, injunction or appointment under subsection (1) may be made either unconditionally or on such terms and conditions as the court thinks just (including, where an injunction is granted before the commencement of the proceedings, a condition requiring proceedings to be commenced).

(3) If, whether before or at or after the hearing of any cause or matter, an application is made for an injunction to prevent any threatened or apprehended waste or trespass, the injunction may be granted, if the court thinks fit, whether the person against whom the injunction is sought is or is not in possession under any claim or title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under colour of any title, and whether the estates claimed by both or by either of the parties are legal or equitable.

[F2 (4) The power of the High Court and, in matters within its jurisdiction, the county court, to grant an interlocutory injunction restraining a party to any proceedings from removing from the jurisdiction, or otherwise dealing with, assets located within the jurisdiction shall be exercisable in cases where that party is, as well as in cases where he is not, domiciled, resident or present within the jurisdiction.]

Textual Amendments

F1 Word substituted by Administration of Justice Act 1982 (c. 53, SIF 38), s. 70, Sch. 8 para. 10(a)

F2 S. 91(4) added by Administration of Justice Act 1982 (c. 53, SIF 38), s. 70, Sch. 8 para. 10(b)