Under which of the following circumstances can a court grant a perpetual injunction under the Specific…

Section 38(3) permits a perpetual injunction to protect property rights against invasion or threatened invasion in the specified circumstances. Its clauses cover lack of a standard for actual damage, inadequacy of monetary compensation and prevention of multiplicity of judicial proceedings, so all the listed grounds can apply. Grant remains subject to an enforceable obligation/right and the refusal grounds in section 41; these are not free-standing grounds to restrain any conduct whatsoever.

Current law: Section 38 retains these grounds. The 2018 amendment added section 41(ha), refusing an injunction that would impede or delay an infrastructure project or interfere with continued related facility/service provision, with effect from 1 October 2018.