Injunctions may be viewed as the apex of the court’s jurisdiction and power. Within the context of commercial fraud, where there is a genuine risk of destruction of records or movement of assets beyond the reach of the court, Orders may be obtained on little or no notice. Such Orders may direct a recipient of the Order to permit entry to their business or residence and consent to the search of their records, to direct a bank to disgorge its records of a customer to trace monies before the alleged fraudster is aware of the litigation, or to seize assets of a debtor before a judgment is obtained.
These Orders are not lightly given. The impact of an injunction may have a significant impact in the practical determination of the success or failure of a claim. My experience in pursuing and responding to these extraordinary remedies has assisted my clients’ interests in dealing with these intense and complex situations.