Commerce Commission v Fonterra Co-operative Group Ltd

[2006] NZSC 36

IN THE SUPREME COURT OF NEW ZEALAND

SC 29/2006
[2006] NZSC 36

BETWEENBRETT RONALD LARSEN

Appellant

ANDRICK DEES LIMITED

Respondent

Court:Elias CJ, Blanchard and Tipping JJ

Counsel:D K Wilson for Appellant

D A Wood for Respondent

Judgment:2 June 2006 

JUDGMENT OF THE COURT

A.Leave to appeal is granted.

B.The approved grounds are:

1.Whether electronic funds transfer was a method of settlement available to the purchaser on 5 March 2004? and

2.Whether payment was tendered by the purchaser by 5pm on that day notwithstanding that the vendor did not receive the fax notification of the funds transfer until after that time?

Solicitors:
Turner Hopkins, Takapuna for Appellant
Jenny Wang & Associates, Auckland for Respondent