Baycourt Chambers’ Senior Partner, Raynard Rigby, succeeded in defeating an application by Island Wifi to seek an injunction against the Bahamas Telecommunications Co Ltd.
Justice Hanna-Adderley sets out the law on an temporary injunction and applied the long standing principles in American Cyanamid.
The application cleared the way for a trial on the issues between the parties.
The Judge’s decision rested squarely on the issue of the “adequacy of damages” .
Adequacy of Damages
57. Counsel for the Defendant submits that damages are an adequate remedy for the Plaintiff and Counsel for the Plaintiff argues otherwise.
58. I refer to Lord Diplock at paragraph 408 of American Cyanamid whereby he stated that: “If damages in the measure recoverable at common law would be an adequate remedy and the defendant would be in a financial to pay them, no injunction should normally be granted, however strong the Plaintiff’s claim appeared to be at that stage…”
59. The Plaintiff has in fact already quantified its loss of Income and Profits and loss of Business in its Statement of Claim. Clearly its losses are and will be quantifiable. I accept Counsel for the Defendant’s submission that the Plaintiff’s claims are quantifiable in monetary terms and damages in the instant case would be an adequate remedy.
60. In the circumstances, I am also satisfied that the Defendant, being the entity that it is, is in a position to compensate the Plaintiff with an award of damages should the Plaintiff be successful at trial.