27 Sept 2013
COMMERCE COMMISSION v SPORTZONE MOTORCYCLES LIMITED (in liquidation) [2013] NZHC 2531
- Citation
- [2013] NZHC 2531
- Court
- High Court
The Court held that "in connection with" and "in relation to" must be read narrowly in context: a creditor may only recover by fees those costs that are sufficiently close and relevant to the particular transaction or event (variable costs and narrowly attributable fixed costs proven to be directly related); general overheads and remote fixed costs are not recoverable by credit or default fees and should be recovered via interest. Third-party credit check charges included within a disclosed establishment fee did not require separate disclosure under s17. The misleading conduct claim under s9…