4 Feb 2022
MODA SYSTEMS NZ LIMITED v MCLAREN SMART PROCESSING LIMITED [2022] NZHC 96 [4 February 2022]
- Citation
- [2022] NZHC 96
- Court
- High Court
Although Moda established a serious question to be tried that certain component improvements developed jointly may have been used in McLaren's new machine, the balance of convenience and overall justice favoured refusing an interim injunction because Moda would not suffer irreparable loss from limited sales before trial, Moda already had protection from orders against the distributor, McLaren offered a substantial undertaking (20% of revenue held in trust), and an injunction would cause disproportionate commercial prejudice to McLaren; parties were ordered to proceed promptly to trial.