This is the case where the optimum result on this motion would be to preserve the status quo until the issues raised in the underlying application are resolved. I find the words of Lord Diplock in American Cyanamid Co v. Ethicon Ltd, [1975] 2 WLR 316, à propos. At paragraph 35 of his decision, he wrote that “where other factors appear to be evenly balanced it is a counsel of prudence … to preserve the status quo”.
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