The applicant, Parkland Corporation, sought an interlocutory injunction to prohibit the respondent gas station operator from selling fuel purchased from third parties, in breach of their consignment and branding agreement.
The court applied the tripartite test for an interlocutory injunction, finding a strong prima facie case of contractual breach.
The court also found that the applicant would suffer irreparable harm to its business model and market share, and that the balance of convenience favoured the applicant.
The interlocutory injunction was granted.
