Fonterra Co-operative Group Limited v McIntyre and Williamson Partnership & Ors - SC 150/2016

A The application for leave to appeal is granted (Fonterra Co Operative Group Ltd v McIntyre and Williamson Partnership [2016] NZCA 538).
B The approved question is whether the Court of Appeal was right to answer the following two questions in the affirmative:
(a) Were the respondents “new entrants” for the purposes of s 106 of the Dairy Industry Restructuring Act 2001?
(b) If so, did the appellant breach s 106 in offering the respondents the terms of supply set out in the milk supply agreements signed by the respondents?
10 April 2017
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A The appeal is dismissed.  
B The appellant is to pay the respondents costs of $30,000 and reasonable disbursements to be determined by the Registrar if necessary.  We allow for second counsel.
21 December 2017