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Practice Direction No. 4 [1995] TOLawRp 31 (14 September 1995)

[1995] Tonga LR 124

Practice Direction No.4 of 1995

Ex parte Applications for Injunctions

1. Reference is made to the rules contained in Order 22 of the Supreme Court Rules 1991.

2. In future if an application for an injunction is made ex parte (O.22 r.1(4)) then the undertaking in damages required of an applicant shall be given by the applicant in writing and filed at the same time as the application for the injunction. Such an undertaking may be a separate document, or it may be incorporated into the Affidavit of the Applicant (if one is sworn by the Applicant, and if that is appropriate in the particular circumstances).

3. The undertaking to issue a Writ within a specified time (referred to in O.22r.1(5)(ii) may be given in writing, in advance, by counsel for the Applicant placing such an undertaking at the foot of the Application for injunction, and signing it.

(Nigel Hampton)
CHIEF JUSTICE

NUKU'ALOFA, 14 September 1995.