6 Dec 2021
COMMERCE COMMISSION v ACE MARKETING LIMITED [2021] NZHC 3312
- Citation
- [2021] NZHC 3312
- Court
- High Court
The Court held that ACE's contractual delivery provisions and Delayed Delivery Schedule breached the CCCFA (s9C(1) via ss9C(2)(b) and 9C(3)(b)(ii) and (iii)) and that the Delayed Delivery Provisions in the standard form contract were unfair under s46L(1) of the FTA because they caused significant imbalance, were not reasonably necessary to protect ACE's legitimate interests and would cause detriment; accordingly the Court issued declarations of breach, restrained ACE from providing credit under the affected contracts unless and until the contract was amended to comply with the relevant CCCFA…