745. Remedies and defences.

745.     Remedies and defences.

Until IP completion day1, proceedings in respect of an actionable threat under the Community Design Regulations2 may be brought against the person who made the threat3 for:

  1.  

    (1)     a declaration that the threat is unjustified4;

  2.  

    (2)     an injunction against the continuance of the threat5; or

  3.  

    (3)     damages in respect of any loss sustained by the aggrieved person by reason of the threat6.

It is a defence for the person who made the threat to show:

  1.  

    (a)     that the act in respect