The Commerce Commission v Carter Holt Harvey Limited

[2009] NZSC 48

IN THE SUPREME COURT OF NEW ZEALAND

SC 25/2009
[2009] NZSC 48

BETWEENTHE COMMERCE COMMISSION

Applicant

ANDCARTER HOLT HARVEY LIMITED

Respondent

Court:Tipping, McGrath and Wilson JJ

Counsel:A R Galbraith QC and J C L Dixon for Applicant

R G Simpson and J S Cooper for Respondent

Judgment:25 May 2009 

JUDGMENT OF THE COURT

Leave to appeal is granted.

A.The approved grounds of appeal are:

(a)Whose knowledge is relevant when considering whether time has commenced to run under s 43(5) of the Fair Trading Act 1986?

(b)Is knowledge of the “likelihood of loss” sufficient to commence the limitation period for a claim under s 43(2)(c) and (d) of the Act?

(c)Is knowledge of a contravention also knowledge of the “likelihood of loss” for the purposes of s 43(5)?

Solicitors:
Meredith Connell, Auckland for Applicant
Bell Gully, Auckland for Respondent