9 Nov 2006
COMMERCE COMMISSION AND ANOR V POWERCO LIMITED AND ANOR CA CA123/06
- Citation
- openlaw-e1644512_36b8_4efc_87f1_a5e9a6d9ba57.pdf
- Court
- Court of Appeal
The Court allowed the Commission's appeal and held that Wild J applied an impermissibly low test for permitting cross-examination (focusing on what would 'assist' rather than what was 'necessary'); discovery of internal deliberative Commission material was correctly refused because the proper focus is the Commission's report; cross-examination of the experts and of the chairperson was not clearly necessary and was therefore wrongly permitted absent narrowly defined, particularized issues.