29 Jun 2009
AIR NEW ZEALAND LTD AND ORS V WELLINGTON INTERNATIONAL AIRPORT LTD CA CA268/2008
- Citation
- openlaw-305ec698_9f51_4f83_a0e0_8d0d9bc3e80d.pdf
- Court
- Court of Appeal
The Court of Appeal held that s4(3) does not impose an obligation on airport companies to set prices as if they operated in a competitive market; judicial review remains available for traditional public law grounds (predetermination, failure to consult, bad faith/corruption or analogous conduct) but courts will not undertake intensive merits-based price setting or wholesale scrutiny of complex pricing components best addressed under the Commerce Act Part 4 or specialist processes; Wild J's strike-outs of monopoly-pricing and broad irrationality/relevant-considerations claims were correct; ste…