Fonterra Co-Operative Group Ltd v McIntyre and Williamson Partnership

[2017] NZSC 47

IN THE SUPREME COURT OF NEW ZEALAND

SC 150/2016
[2017] NZSC 47

BETWEEN	FONTERRA CO-OPERATIVE GROUP LIMITED Applicant
AND	MCINTYRE AND WILLIAMSON PARTNERSHIP AND OTHERS Respondents

Court:	William Young, Arnold and Ellen France JJ
Counsel:	J E Hodder QC and D T Street for Applicant D J Goddard QC and B M Russell for Respondents
Judgment:	10 April 2017

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted (Fonterra Co‑Operative Group Ltd v McIntyre and Williamson Partnership [2016] NZCA 538).

BThe approved question is whether the Court of Appeal was right to answer the following two questions in the affirmative:

(a)     Were the respondents “new entrants” for the purposes of s 106 of the Dairy Industry Restructuring Act 2001?

(b)    If so, did the appellant breach s 106 in offering the respondents the terms of supply set out in the milk supply agreements signed by the respondents?

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Solicitors:
Chapman Tripp, Wellington for Applicant
Lane Neave, Christchurch for Respondents