Sportzone Motorcycles Limited v Commerce Commission

[2015] NZSC 97

IN THE SUPREME COURT OF NEW ZEALAND

SC 40/2015
[2015] NZSC 97

BETWEEN

SPORTZONE MOTORCYCLES LIMITED (IN LIQUIDATION)
First Applicant

MOTOR TRADE FINANCES LIMITED
Second Applicant

AND

COMMERCE COMMISSION
Respondent

Court:	William Young, Arnold and O'Regan JJ
Counsel:	D J Goddard QC and I J Thain for Applicants S J Mills QC and K C Francis for Respondent
Judgment:	2 July 2015

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted (Sportzone Motorcycles Ltd (in liq) and Motor Trade Finances Ltd v Commerce Commission [2015] NZCA 78).

BThe approved question is:

Did the Court of Appeal err in finding that the fees charged by the applicants were unreasonable for the purposes of s 41 of the Credit Contracts and Consumer Finance Act 2003?

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REASONS

1. Leave is granted only on the question set out above.  The Court does not consider that the second question on which the applicants sought leave meets the criteria set out in s 13 Supreme Court Act 2003.[1]  The point is specific to the facts of the present case and therefore does not give rise to a point of general or public importance or a matter of general commercial significance.  We see no appearance of a miscarriage of justice if leave is refused.

   [1]Did the Court of Appeal err in finding that it had been established that the debtors had suffered loss or damage for the purposes of s 94 of the Credit Contracts and Consumer Finance Act 2003.

2. The grant of leave does not extend to the point raised in para 4.11 of the submissions for the applicants relating to fees charged to the first applicant by the second applicant and passed on by the first applicant to debtors.  We do not consider the statutory criteria are met in relation to that issue and the difficulties identified in the Court of Appeal arising from the point not being raised in the High Court would also arise in this Court if leave were granted.

Solicitors:
DLA Piper, Auckland for Applicants
Meredith Connell, Wellington for Respondent