New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Commerce act substantial lessening of competition
  • 1 Oct 2015

    E-TRANS INTERNATIONAL FINANCE LTD v KIWIBANK LTD [2015] NZHC 2394

    Citation
    [2015] NZHC 2394
    Court
    High Court

    The Court concluded the proceeding was not ripe for the November 2015 hearing and vacated that hearing, refusing to split the trial; it fixed the full hearing for 3–11 February 2016 (with a further week available 22 February 2016), imposed a strict timetable for pleadings, interrogatories, discovery (including specific orders for Category 6 and reserved matters for Category 4 and 8), evidence (factual and expert briefs) and submissions, granted leave limitedly where specified, appointed a lay member, and reserved costs — these directions were necessary to ensure a fair and ready trial and to…

    • Implied contractual term (code of banking practice)
    • Right to close bank accounts for aml compliance
    • Commerce act substantial lessening of competition
    • Breach of statutory duty (reserve bank directive/aml act)
    • Interim injunction
    • Discovery and interrogatories