8 Mar 2016
PRECAST NZ LIMITED v ANYSTEP LIMITED [2016] NZHC 377
- Citation
- [2016] NZHC 377
- Court
- High Court
There was a serious question to be tried whether Precast's contracts with Bradford and Balcrom were assignments under clause 8 (thus requiring consent) or lawful sub-licences; there was also a serious question whether Anystep by conduct had consented, affirmed the Licence, or was estopped from asserting breach. Separately, because the rubber extrusions are patented, integral to the System and not freely available on the market, there was a serious question that Anystep was obliged to supply them and the mandatory injunction was appropriate. Balancing the adequacy of damages, potential inabili…