7 Mar 2014
GREEN ACRES FRANCHISE GROUP LIMITED v REUBE [2014] NZHC 402
- Citation
- [2014] NZHC 402
- Court
- High Court
The interim injunction was refused because, applying Article 17B/traditional test, although there were serious issues to be tried about ownership of customer lists and enforceability of the restraint, the balance of convenience favoured maintaining the status quo: Green Acres could be compensated and pursue arbitration promptly, the franchisor's integrity was not shown to be at imminent risk given system scale, whereas an injunction would cause immediate and irreparable loss of the Ruebes' business and customers.