Transpower New Zealand Ltd v Todd Energy Ltd

Transpower New Zealand Ltd sought leave to appeal and Todd Energy Ltd sought leave to cross-appeal against a decision of the Court of Appeal in relation to an interlocutory application under the Commerce Act 1986. Todd had brought proceedings against Transpower and Powerco Ltd. The case had not been brought to trial, and the parties were engaged in interlocutory proceedings. The applications were for leave to appeal and cross-appeal a decision of the Court of Appeal concerning interlocutory applications. The appeal and cross-appeal related to whether the Court of Appeal correctly determined that certain causes of action were not barred by limitation provisions or if they were fresh and required leave to be added to the statement of claim. The Court of Appeal had struck out some causes of action, refused summary judgment, and directed Todd to amend its statement of claim. The legal issues were whether the appeal and cross-appeal met the criteria for leave under s 13(2) of the Supreme Court Act 2003, particularly the general or public importance, miscarriage of justice, or general commercial significance, and whether they were subject to the s 13(4) constraint on appeals from interlocutory orders. The Supreme Court found that the applications did not meet the criteria for leave as they did not involve a matter of general or public importance or general commercial significance, nor did they satisfy the substantial miscarriage of justice test. Therefore, the applications for leave to appeal and cross-appeal were dismissed, and there were no orders as to costs.