16 Mar 2011
FONTERRA CO-OPERATIVE GROUP LIMITED V THE GRATE KIWI CHEESE COMPANY LIMITED CA223/2010
- Citation
- openlaw-f923948f_4a6f_4796_8d26_13b39bb7a0b8.pdf
- Court
- Court of Appeal
The Court held that the term "independent processor" as used in the Regulations includes processors who own-process or who use toll-processing (Option Four), because that interpretation best accords with the Act's purpose of promoting efficient and contestable dairy markets; further, Fonterra did not breach its statutory supply obligations by reserving its right to claim a fair and reasonable price pending final determination of entitlement, since it offered supply at the regulated price and the respondents' withdrawal of orders resulted from the existence of the genuine dispute rather than a…