Sportzone Motorcyles Limited (in liquidation) and Motor Trade Finances Limited v Commerce Commission - SC 40/2015

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Summary

Civil Appeal – Credit Contracts and Consumer Finance Act 2003 – Whether the Court of Appeal erred in its interpretation and application of ss 41, 42 and 44.  [2015] NZCA  78  CA 727/2013; CA 593/2014

Result

A   The application for leave to appeal is granted (Sportzone Motorcycles Ltd (in liq) and Motor Trade Finances Ltd v  Commerce Commission [2015] NZCA 78).
B   The approved question is:Did the Court of Appeal err in finding that the fees charged by the applicants were unreasonable for the purposes of s 41 of the Credit Contracts and Consumer Finance Act 2003?
2 July 2015
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A The appeal is dismissed.                                                          
B The appellants must pay the respondent costs of $25,000 plus reasonable disbursements (to be determined by the Registrar in the absence of agreement between the parties).  
We certify for two counsel.                                                         

12 May 2016

Hearing Transcripts

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