INJUNCTION AND IMPLIED INJUNCTION
Injunction may be defined in two broad senses. In the Ordinary Sense, it means an authoritative warning or order, according to Google. In the Legal Sense it refers to a Judicial order restraining a person from acting or compelling a person to act in accordance with the said order.
The question has always been whether or not a Notice of an Injunction Application operates as a Legal Injunction. It is my respective view that a Notice of an Injunction Application merely operates as Implied Injunction in the Ordinary Sense presumably but not an Injunction in the Legal Sense conclusively.
In law, any court process, procedure, action, notice, etc. presumably operates as an injunction against persons so affected from acting in a certain manner or to act in a particular manner in respect of the said processes.
For example, a service of a writ of summons, an Application or a Petition on a person, injuncts the said person from: physically abusing the party on the other side, the judge or any officer in relation to the said process; interfering with evidence; hiding the truth of the subject matter of the process; and interfering with the court and its officers, before whom the said process will be heard. Same injuncts a person to: do what is reasonably necessary to help the court come to a fair determination of the matter; enter appearance in the respective court; and file a response to the process.
With these in mind, one can safely conclude that the service of any court process on a person implies an injunction against that person from acting contrary to the possible fair determination of the process, and same injuncted to do whatever possible to help the court fairly determine the subject matter of the process. The Injunction at play here is an Injunction in the Ordinary Sense.
A Legal Injunction on the other hand is an order from a competent court of law, stipulating that a person has been ordered to do or restrain from doing something, after the merits of an Application being brought for the said purposes has been determined.
When a person who receives an Application on Notice for Injunction, just as a person receiving any court process, decides not to carry out any action or act in any manner to prejudice the fair determination of the Application, the said person merely does so out of respect for the court and for the fear of being committed for the criminal offence of contempt of court. Such person has not been Injuncted in the Legal Sense.
A Notice of an Injunction Application is not an Injunction properly so called as law practitioners say!