15 Mar 2012
FONTERRA CO-OPERATIVE GROUP LIMITED v THE GRATE KIWI CHEESE COMPANY LIMITED SC 38/2011
- Citation
- FONTERRA CO-OPERATIVE GROUP LIMITED v THE GRATE KIWI CHEESE COMPANY LIMITED SC 38/2011
- Court
- Supreme Court
The Court held that the natural textual meaning of 'processor' in the definition of 'independent processor' includes processing carried out personally or by contractual arrangements (toll processing); there is no requirement that processing occur in facilities owned by the claimant, and a party intending to have processing done on its behalf qualifies as an independent processor, so Fonterra's appeal was dismissed.