Enza Limited v Apple and Pear Export Permits Committee

Case

[2001] NZCA 129

11 April 2001


IN THE COURT OF APPEAL OF NEW ZEALAND CA59/01
BETWEEN ENZA LIMITED

Appellant

AND APPLE AND PEAR EXPORT PERMITS COMMITTEE

First Respondent

AND FREILICH & SONS LTD

Second Respondent

AND FRESHMAX LTD

Third Respondent

AND FRESH FRUIT COMPANY NEW ZEALAND LTD

Fourth Respondent

AND THE ATTORNEY-GENERAL

Intervener

Hearing: 4 April 2001
Coram: Keith J
Tipping J
McGrath J
Appearances: H McIntosh and A Olney for Appellant
C F Finlayson and D D Vincent for First Respondent
No appearance for Second and Third Respondents
G M Illingworth for Fourth Respondent
H M Aikman and A H Cecil-Gibson for Intervener
Judgment: 11 April 2001

JUDGMENT OF THE COURT

  1. For reasons to be given at a later date the appeal is dismissed, with the result that the decision of the High Court dismissing the appellant’s application for production and inspection of documents is upheld.   The appellant must pay costs of the respondents represented in this court and the intervener in the sum of $2,500 each together with disbursements and in the case of the fourth respondent, reasonable travelling and accommodation costs of counsel, all to be fixed if necessary by the Registrar.

Solicitors

Russell McVeagh, Wellington, for Appellant
Bell Gully, Wellington, for First Respondent
P J McDonald, Auckland, for Fourth Respondent
Crown Law Office, Wellington, for Intervener

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