The plaintiffs sought an interlocutory injunction to restrain the defendant from selling an independent medical examinations business to a competitor.
The plaintiffs argued the defendant breached a contractual duty of good faith by failing to negotiate a sale with them and by not offering a right to match the competitor's offer.
The court dismissed the motion, finding no serious issue to be tried as the defendant had fulfilled its limited obligation to offer a first right of negotiation and was not required to provide a right to match.
The court also found the balance of convenience favoured the defendants.