26 Oct 2007
ARCHIBALD BARR MOTOR COMPANY LIMITED AND ANOR V ATECO AUTOMOTIVE NEW ZEALAND LIMITED HC AK CIV 2007-404-5797
- Citation
- openlaw-a4a1f735_6f02_4d1c_86f6_5a6739ec2e6b.pdf
- Court
- High Court
The plaintiffs failed to show a serious question to be tried that an express or implied term or enforceable duty of good faith entitled them to a continuing dealership; the written dealer agreement (six-month term and one-month termination clause) and lack of clear, necessary, and non-contradictory implied terms precluded relief; damages were adequate and the balance of convenience and absence of mutual trust weighed against granting mandatory interim relief, so the interim injunction was refused.