Elias Akle and a R Poynter v Commerce Commission

[2009] NZSC 60

IN THE SUPREME COURT OF NEW ZEALAND

SC 30/2009

[2009] NZSC 60

BETWEENELIAS AKLE

Appellant

ANDCOMMERCE COMMISSION

Respondent

SC 32/2009

BETWEENA R POYNTER

Appellant

ANDCOMMERCE COMMISSION

Respondent

Court:Tipping, McGrath and Wilson JJ

Counsel:L McEntegart, T P Mullins and T F Hikaka for Appellant in SC 30/2009

J G Miles QC and S C Keene for Appellant in SC 32/2009
D Goddard QC and M A Borrowdale for Respondent

Judgment:16 June 2009 

JUDGMENT OF THE COURT

AThe applications for leave to appeal in both cases are granted.

B        The approved grounds of appeal in both cases are:

(a)Whether s 4 of the Commerce Act 1986 is an exhaustive statement of the circumstances in which the Act applies to cases involving some overseas element (for example, a party resident overseas, or conduct occurring in whole or in part outside New Zealand);

(b)       Whether, in circumstances where an arrangement that breaches Part 2 of the Act has been entered into and given effect to in New Zealand, Part 2 and s 80 of the Act apply to a party to the arrangement who is not resident in New Zealand and is not personally engaged in any conduct in New Zealand. 

Solicitors:
Lee Salmon Long, Auckland for Appellant in SC 30/2009
Russell McVeagh, Auckland for Appellant in SC 32/2009