Facts: Millennium Speciality Alloys Ltd. and Dammipace Holdings Corp. alleged that Robin J. Sali and Rhonda L. Sali, former shareholders of Millennium, breached a non-solicitation and non-competition agreement (NSA) by engaging in competitive activities that harmed Millennium. These activities included soliciting Millennium’s clients, undercutting pricing, and using Millennium resources without authorization.

Issue: The primary issue was whether the Salis' actions contravened the NSA and if these actions justified the issuance of an interlocutory injunction to prevent further alleged breaches.

Court's Ruling: The court dismissed the application for an interlocutory injunction, finding that the plaintiffs did not provide sufficient evidence of irreparable harm that could not be remedied by monetary damages. The court also determined that the balance of convenience did not favor granting the injunction, emphasizing that the dispute over the NSA's interpretation, particularly the Carveout Clause, should be resolved at a trial.

Costs/Damages Awarded: Costs of the application were awarded to the defendants in the cause.