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Blue Reach Services Limited and Blue Reach Wireless Limited v Spark New Zealand Trading Limited - SC 24/2019

Summary

Civil Appeal – Whether the Court of Appeal was correct to uphold a decision of the High Court striking out the applicants’ claim on the basis it could not succeed by virtue of s 106 of the Commerce Act 1986.

Result

A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $4,500 plus usual disbursements.
28 June 2019

Related Documents

High Court decision — BLUE REACH SERVICES LTD v SPARK NEW ZEALAND TRADING LTD [2018] NZHC 847 [30 April 2018]

Court of Appeal decision — BLUE REACH SERVICES AND BLUE REACH WIRELESS LIMITED v SPARK NEW ZEALAND TRADING LIMITED [2019] NZCA 2 [12 February 2019]

Leave judgment - leave dismissed — BLUE REACH SERVICES LIMITED AND BLUE REACH WIRELESS LIMITED v SPARK NEW ZEALANDTRADING LIMITED [2019] NZSC 65 [28 June 2019] (PDF 215 KB)

Additional Information

Transcript

Hearing 21 June 2019

O'Regan, Ellen France and Williams JJ