What is the purpose of interim relief?
Interim relief may preserve the existing position, prevent irreparable harm, or ensure that a judgment does not become worthless. Available remedies may include an injunction, temporary attachment, and directions preserving property or evidence.
What does the court examine?
The court considers the apparent merits, balance of hardships, good faith, delay, and the relationship between interim and final relief. On an ex parte application, the duty of disclosure is heightened and material facts adverse to the applicant must also be presented.
Evidence and undertakings
The motion is generally supported by an affidavit and documents. The court may require undertakings and security to compensate the opposing party if the order is later found to have caused unjustified harm.
Why does timing matter?
Delay may contradict the assertion of urgency, while a hurried application without a proper record may fail. Evidence of the anticipated harm should be assembled quickly, the precise remedy identified, and the insufficiency of later monetary compensation explained.
The order is not the end of the case
The principal action continues even if interim relief is granted. Modification or dissolution may be requested if circumstances change, and a prompt hearing with both parties is often scheduled.
Concluding point
An interim-relief application should identify what is about to change, why action is urgent, and how the order preserves meaningful adjudication of the claim.
Principal legal source
- Civil Procedure Regulations, 5779-2018.