Commerce Commission v Telecom Corporation of New Zealand Limited and Telecom New Zealand Limited

[2009] NZCA 424

IN THE COURT OF APPEAL OF NEW ZEALAND

CA288/2008
[2009] NZCA 424

BETWEENTHE COMMERCE COMMISSION

Appellant

ANDTELECOM CORPORATION OF NEW ZEALAND LIMITED

First Respondent

ANDTELECOM NEW ZEALAND LIMITED

Second Respondent

Hearing:23 - 26 March 2009

Court:William Young  P, Hammond and Robertson JJ

Counsel:J A Farmer QC, G M Coumbe and J S McHerron for Appellant

D Shavin QC, J E Hodder SC and P R Jagose for Respondents

Judgment:22 September 2009 at 2.15 pm

JUDGMENT NO. 2 OF THE COURT

The Commerce Commission will pay to the respondents (jointly and severally) a sum of $52,089.32 (comprising costs of $49,770 and disbursements of $2,319.32).

REASONS OF THE COURT

(Given by Hammond J)

[1]       In [102] of our judgment of 4 August 2009 we reserved the question of costs on this appeal.

[2]       The parties have now settled the costs by agreement and requested that the Court make an order accordingly.

[3]       The Commission must pay to the respondents (jointly and severally) a sum of $52,089.32 (comprising costs of $49,770 and disbursements of $2,319.32).

Solicitors:
Commerce Commission
Chapman Tripp, Wellington for Respondent