Fonterra Co-operative Group Limited v The Grate Kiwi Cheese Company Limited & Kaimai Cheese Co Ltd - SC 38/2011

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Summary

Civil Appeal – the Commerce Commission made a final determination on 5 June 2009 that The Grate Kiwi Cheese Company Ltd and Kaimai Cheese Company Ltd were both entitled to raw milk from Fonterra under the Dairy Industry Restructuring (Raw Milk) Regulations 2001 – whether the Court of Appeal erred in upholding the Commerce Commission determination – whether an entity can be entitled to raw milk even though the entity does not itself process the milk[2011] NZCA 67   CA 223/2010

Result

Appeal dismissed. Costs $15,000 plus disbursements to the respondent. 15 March 2012

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Additional Information

Hearing date : 14 February 2012

Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.