27 Oct 2006
NZ INSULATORS V ABB LTD HC AK CIV-2004-404-4829
- Citation
- openlaw-0a1d89f8_ad02_4a05_ad4a_0bd58ae7662c.pdf
- Court
- High Court
The stay was refused because the balance of convenience favoured protecting public safety and the public risk from allowing the BM to remain on the market was greater than NZI's commercial prejudice; NZI's evidence of modifications and limited testing did not dispel safety concerns, NZI appeared unlikely to satisfy potential damages in full, and the appeal would not justify undermining the judgment's protective effect; the injunction was varied to clarify its terms accordingly.