What is the test for following an injunction?

Newfoundland and Labrador, Canada


The following excerpt is from Newfoundland (Treasury Board) v Newfoundland Association of Public Employees, 1986 CanLII 2399 (NL CA):

The law is clear; an injunction must be obeyed implicitly. To adopt the language of Romer, L.J., in Hadkinson v. Hadkinson, [1952] 2 All E.R. 567, at p. 569: “It is the plain and unqualified obligation of every person against, or in respect of, whom an order is made by a court of competent jurisdiction to obey it unless and until that order is discharged. ... Such being the nature of this obligation, two consequences will, in general, follow from its breach. The first is that anyone who disobeys an order of the court (and I am not now considering disobedience of orders relating merely to matters of procedure) is in contempt and may be punished by committal or attachment or otherwise. The second is that no application to the court by such a person will be entertained until he has purged himself of his contempt.”

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