High Court grants an injunction to plaintiff waste collection company preventing a competitor from removing and storing the plaintiff's wheelie bins for collection at a central point owned by the defendant, on the ground that damages would not be an adequate remedy should the plaintiff succeed at the trial of the action, as the company has built up considerable goodwill.
Plaintiff seeks injunction restraining the defendants from removing the plaintiff's wheelie bins from customers or former customers of the plaintiff without the prior written agreement of the plaintiff - plaintiff also seeking injunction requiring to immediately return any of the plaintiff's wheelie bins that are in the possession of the defendant - plaintiff and defendant involved in domestic waste collection - plaintiff contends that where a change of service provider occurs, the account is closed and the service provider retrieves the bins supplied to the customer at the inception of the contract - the defendant, when taking over a customer from the plaintiff, would enter into an agreement to take possession of the plaintiff's bins and bring them to a central location where the plaintiff can collect them - plaintiff contends that the defendant is trespassing on its property by removing the bins from households to a central location - court satisfied that the plaintiff raises a serious question to be tried as to whether the defendant is entitled to take possession of and remove the plaintiff's bins to a location of its choice - damages would not be an adequate remedy - injunction relief granted to the plaintiff.