19 Sept 2019
FOODSTUFFS NORTH ISLAND LIMITED v RAVLA TRADING LIMITED [2019] NZHC 2357
- Citation
- [2019] NZHC 2357
- Court
- High Court
The Court granted modified interim injunctive relief because it found there were serious questions to be tried on multiple pleaded claims (contractual breaches of the franchise agreement including restriction on transfer, potential sham/resulting trust, directors' duties and tortious claims) and the balance of convenience favoured preserving the last peaceable state prior to the transfer of the premises; irreparable harm to Foodstuffs' goodwill and the franchise system could not be adequately remedied by damages, whereas short-term prejudice to respondents could be compensated or managed unde…