Private Law Theory

ABSTRACT
Equity might not be past the age of child-bearing. But does equity permit final injunctions binding non-parties? Does it permit injunctions against a class of ‘persons unknown’? Can that class encompass those who have not yet infringed any right or duty, but who might do so at a later date? Indeed, can there be an injunction against the world at large? In Wolverhampton City Council v London Gypsies and Travellers, the United Kingdom Supreme Court answered ‘yes’ to all four. In doing so it gave its blessing to what are now called ‘newcomer injunctions’ – injunctions against non-parties who are described only by reference to their potential commission of proscribed acts. It is unlikely an Australian court would reach the same conclusion.

Mohseni, Aryan, The ‘Newcomer’ Injunction in Wolverhampton: Equity’s Illegitimate Child? (December 16, 2024), (2025) 99(10) Australian Law Journal (forthcoming).