27 Nov 2014
WHOLESALE DISTRIBUTORS LIMITED v SONGLE SUPERMARKET LIMITED CA599/2014 [2014] NZCA 565
- Citation
- (2014) 16 NZCPR 14
- Court
- Court of Appeal
The Court allowed the appeal and granted an interim injunction because there was a serious question to be tried that the vendor breached the franchise agreement by proceeding to sell without franchisor approval under clause 11.5; the waiver of the purchasers' contractual condition did not remove the vendor's obligation to obtain franchisor approval; damages would be inadequate given loss of franchise fees, goodwill and the franchisor's contractual option to purchase assets; balance of convenience and overall justice favoured the appellant.