Injunction against person from knowingly abetting, aiding, permitting or procuring supplier to engage in unfair practice
10.—(1)  The District Court or High Court may, on the application of the Board, grant an injunction restraining a person from knowingly abetting, aiding, permitting or procuring a supplier to engage in an unfair practice if —
(a)the Court is satisfied that the person has knowingly abetted, aided, permitted or procured the supplier to engage in the unfair practice; or
(b)the Court is satisfied that, in the event that an injunction is not granted, it is likely that the person will knowingly abet, aid, permit or procure the supplier to engage in the unfair practice.
(2)  An order under subsection (1)(a) may be made whether or not it appears to the District Court or High Court that the person intends to continue to abet, aid, permit or procure the supplier to engage in the unfair practice.
(3)  An order under subsection (1)(b) may be made whether or not —
(a)the person has previously abetted, aided, permitted or procured the supplier to engage in the unfair practice; or
(b)there is any likelihood of irreparable harm to any consumer or class of consumers —
(i)if the person abets, aids, permits or procures the supplier to engage in the unfair practice; or
(ii)if the supplier engages in the unfair practice.
(4)  Pending the determination of an application by the Board made under subsection (1), the District Court or High Court hearing the application may grant an interim injunction restraining the person from knowingly abetting, aiding, permitting or procuring the supplier to engage in an unfair practice, if the Court considers it desirable to do so.
(5)  A District Court or the High Court may grant an interim injunction under subsection (4) whether or not —
(a)it appears to the Court that the person intends to continue to abet, aid, permit or procure the supplier to engage in the unfair practice;
(b)the person has previously abetted, aided, permitted or procured the supplier to engage in the unfair practice; or
(c)there is any likelihood of irreparable harm to any consumer or class of consumers —
(i)if the person abets, aids, permits or procures the supplier to engage in the unfair practice; or
(ii)if the supplier engages in the unfair practice.
(6)  If the District Court or High Court makes an injunction under subsection (1) against a person, the Court may, in addition, order —
(a)that the person must publish, at the person’s expense, for a specified period the particulars of the injunction in the form and manner and at the intervals as will secure prompt and adequate publicity for the injunction against the person;
(b)that the person must reimburse the Board for the cost of publishing or causing to be published all or any of the following:
(i)a notice that the Board has commenced an action under this section against the person;
(ii)a notice that an interim injunction has been granted against the person under subsection (4), and details of the interim injunction;
(iii)a notice that an injunction has been granted against the person under subsection (1), and details of the injunction; and
(c)where the person is an individual, that the individual must, if a notifiable event occurs in the specified period, inform the Board in writing within 14 days after the event.
(7)  For the purposes of subsection (6)(b)(ii) and (iii), a reference to the details of an injunction or interim injunction granted against a person includes —
(a)the particulars of the injunction or interim injunction (as the case may be);
(b)the name of the person; and
(c)whether the person is subject to any other subsisting injunction pursuant to any other action commenced under this section.
(8)  Subject to subsection (9), a reference to a specified period in subsection (6)(c) is a reference to such period specified by the District Court or High Court, not exceeding 5 years or such other period as the Minister may prescribe in place of the 5 years.
(9)  If an individual fails to comply with an order made under subsection (6)(c), the District Court or High Court which made the injunction may, on the application of the Board, extend the specified period mentioned in the order to such time not exceeding 10 years after the date on which the order under subsection (6)(c) was made, or such other period as the Minister may prescribe in place of the 10 years.
(10)  For the purposes of subsections (8) and (9), any period prescribed by the Minister applies to any application made by the Board under subsection (1) or (9) (as the case may be) on or after the date of such prescription.
(11)  Subsection (9) applies despite any proceedings which may be commenced against the individual for contempt of court.
[Act 25 of 2016 wef 09/12/2016]