Commerce Commission v Infratil Limited - SC 37/2008

Civil – Appeal – Trade Practices – Competition – Appropriate test for accessory liability in context of Commerce Act 1986 – Whether Court of Appeal erred in law in departing from orthodox test for accessory liability in Commerce Act context and in applying a test that required knowledge of the facts at a higher level of detail than is required by the orthodox test – Whether the Court of Appeal erred in law in treating a defendant’ s belief that there was no breach of s 47 of the Commerce Act as a relevant factor in applying the orthodox test for accessory liability.