10 Sept 2007
ASHMONT HOLDINGS LIMITED AND ANOR V BAYER NEW ZEALAND LIMITED AND ORS HC AK CIV-2007-404-003518
- Citation
- openlaw-864a5977_a820_43a5_a7b9_8dec6be9f23e.pdf
- Court
- High Court
The interim injunction was refused because, applying the Klissers/American Cyanamid framework, the Court found damages would adequately compensate Ancare if it prevailed at trial but would not adequately compensate Bayer and the third/fourth party distributors if an injunction were granted and they later prevailed; the appropriate status quo was the market position at commencement of proceedings; on balance the least risk of injustice lay against granting interim injunctive relief.