VODAFONE NEW ZEALAND LIMITED V TELECOM NEW ZEALAND LIMITED SC 4/2010
Leave to appeal was granted because the central question—whether the Commerce Commission complied with the applicable statutory provisions when making its determination—raised an issue of statutory interpretation and public importance suitable for this Court's review.
Source-derived case information.
- Citation
- SC 4/2010
- Parties
- Appellant: Vodafone New Zealand Limited; Respondent: Telecom New Zealand Limited; Intervener: Commerce Commission
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 30 March 2010
- Procedural Posture
- Application for Leave to Appeal to the Supreme Court / Leave Application (grant of Leave)
- Outcome
- Application for leave to appeal granted.
- Legal Topics
- Regulatory Determination Compliance, Statutory Interpretation, Judicial Review of Administrative Decisions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vodafone New Zealand Limited
Appellant
Telecom New Zealand Limited
Respondent
Commerce Commission
Intervener
Procedural Posture
Application for Leave to Appeal to the Supreme Court / Leave Application (grant of Leave)
Legal Issues
- 1 Whether the Commerce Commission, in making its determination, complied with the applicable statutory provisions
- 2 Whether leave to appeal should be granted to determine the above issue
Ratio Decidendi
Leave to appeal was granted because the central question—whether the Commerce Commission complied with the applicable statutory provisions when making its determination—raised an issue of statutory interpretation and public importance suitable for this Court's review.
Court Disposition
Application for leave to appeal granted.
Orders
- The application for leave to appeal is granted.
- The approved ground of appeal is whether the Commerce Commission, in making its determination, complied with the applicable statutory provisions.
Full Case Text
Judgment text and source record
1 paragraphs
VODAFONE NEW ZEALAND LIMITED V TELECOM NEW ZEALAND LIMITED SC 4/2010 30 March 2010IN THE SUPREME COURT OF NEW ZEALAND SC 4/2010 [2010] NZSC 28BETWEEN VODAFONE NEW ZEALAND LIMITED Appellant AND TELECOM NEW ZEALAND LIMITED Respondent Court: Elias CJ, Blanchard and Wilson JJ Counsel: B D Gray QC and A E Ferguson for Appellant J E Hodder SC and L C James for Respondent M T Scholtens QC and J B Hamlin for Commerce Commission Judgment: 30 March 2010JUDGMENT OF THE COURTA The application for leave to appeal is granted. B The approved ground is whether the Commerce Commission, in making its determination, complied with the applicable statutory provisions.Solicitors: Wilson Harle, Auckland for Appellant Chapman Tripp, Wellington for Respondent Commerce Commission, Wellington