Smith v Fonterra Co-Operative Group Limited

[2022] NZSC 35

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 149/2021
 [2022] NZSC 35

BETWEEN	MICHAEL JOHN SMITH Applicant
AND	FONTERRA CO-OPERATIVE GROUP LIMITED First Respondent GENESIS ENERGY LIMITED Second Respondent DAIRY HOLDINGS LIMITED Third Respondent NEW ZEALAND STEEL LIMITED Fourth Respondent Z ENERGY LIMITED Fifth Respondent NEW ZEALAND REFINING COMPANY LIMITED Sixth Respondent B T MINING LIMITED Seventh Respondent

Court:	Glazebrook, O’Regan and Williams JJ
Counsel:	D M Salmon QC and D A C Bullock for Applicant D R Kalderimis and N K Swan for First Respondent S J P Ladd and B A Keown for Second Respondent B G Williams and A Hill for Third Respondent D T Broadmore for Fourth Respondent T D Smith and A M Lampitt for Fifth Respondent A J Horne for Sixth Respondent R J Gordon and A S Kirk for Seventh Respondent
Judgment:	31 March 2022

JUDGMENT OF THE COURT

ALeave to appeal is granted (Smith v Fonterra Co-Operative Group Ltd [2021] NZCA 552).

BThe approved question is whether the Court of Appeal was correct to dismiss the appeal and allow the cross appeal.

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Solicitors:
Lee Salmon Long, Auckland for Applicant
Chapman Tripp, Wellington for First and Fifth Respondents
Bell Gully, Auckland for Second Respondent
Chapman Tripp, Christchurch for Third Respondent
Buddle Findlay, Auckland for Fourth Respondent
MinterEllisonRuddWatts, Auckland for Sixth Respondent
MinterEllisonRuddWatts, Wellington for Seventh Respondent