MAURITIUS Law and Practice Contributed by: André Robert and Mushtaq Namdarkhan, BLC Robert & Associates
orders and anti-suit injunctions. Given that these types of orders are equitable remedies, Mauri- tian courts tend to follow English law principles governing such orders. Common Interim Remedies The most common types of interim remedies granted are prohibitory orders, provisional attachment orders and Mareva injunctions aimed at preserving a status quo ante and/or to preserve assets pending the determination of a main case. Prohibitory orders Prohibitory orders are usually granted where: • there is a serious issue to be tried; • damages would not be an adequate remedy; and • the balance of convenience lies in favour of granting the interim injunction. Mareva orders Mareva orders are granted where: • the applicant has a good arguable claim; • there is a real risk of dissipation of assets by the respondent; and • it is just and convenient to grant the order. Provisional attachments Provisional attachment orders may be granted where the applicant demonstrates that it has a claim which is certain in principle, and they must be followed by applications to validate the attachment, at which point, the latter may be contested by the debtor and/or garnishees. Interim injunctions An applicant for an interim injunction has to comply with certain undertakings, namely:
• to make full and frank disclosure of material facts at the time of making the application; • to enter a main case within a reasonable time; and • to give an undertaking in damages should it later turn out that the injunction was wrongly granted. A judge in chambers may discharge an interim injunction if one or more of the above undertak- ings are not complied with. 6.2 Arrangements for Obtaining Urgent Injunctive Relief When an application for an interim injunction is made, the file is allocated to a judge in cham- bers who examines the papers to decide wheth- er such an order should be granted pending a return date when the respondent can appear before them. The decision of whether to grant the interim order is usually given within one or two days of the application. In certain very exceptional cases (not usually concerning commercial cases but mainly those relating to restraint of publication in the press or those concerning personal liberty) an appli- cant’s attorney may contact the chief justice or the senior puisne judge to ask for a judge to be available outside normal hours. 6.3 Availability of Injunctive Relief on an Ex Parte Basis Injunctive relief can be obtained on an ex parte basis. 6.4 Liability for Damages for the Applicant An applicant may be held liable for damages suf- fered by a respondent if the injunction is later discharged. There is no reported case where an
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