20 Sept 2019
The application for an interim injunction was dismissed because the court was not satisfied the agreement could be enforced against Everest as alleged with sufficient certainty, and on the balance of convenience the prejudice and risk to the advanced construction project and its investors outweighed Whitby's interim interests.
26 Nov 2018
The court found the applicant established passing off and a breach of s 9 FTA because the applicant had distinctive goodwill in the name 'Ecopro', the respondents used the same name in the same market creating a real risk of consumer confusion and likely damage, and therefore a permanent prohibitory injunction was warranted restraining respondents from using 'Ecopro' or 'Ecopro NZ' (or substantially similar names) in the marketing and operation of their business; mandatory orders compelling change of company name or transfer of online assets were not granted as they were unnecessary given ava…
20 Sept 2006
The interlocutory injunction was declined because the plaintiff failed to establish a serious question to be tried against the first defendant (no evidence the first defendant knew of and intentionally interfered with a subsisting contract), damages were an adequate remedy for the plaintiff's losses, and the balance of convenience and practical considerations (including unsuitability of mandatory relief and potential loss of credibility) favoured the first defendant.