3 Sept 2015
FOCUS GENETICS LTD LIMITED PARTNERSHIP v SOLDIERS TRADING LTD [2015] NZHC 2128
- Citation
- [2015] NZHC 2128
- Court
- High Court
The Court found there was a serious question to be tried and that damages would be inadequate to protect Focus' proprietary interests in breeding stock and genetic IP and to preserve its contractual purchase/option rights; the balance of convenience favoured preserving the status quo pending trial because allowing Soldiers to take over breeding and sales would risk irreversible dilution of Focus' IP value and contractual protections; accordingly an interim injunction restraining Soldiers from acting inconsistently with the GBP was granted.