New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Remedies and limitation

Legal area

Court

27 Feb 2023

CHRISTISON v THE CHIEF EXECUTIVE OF ORANGA TAMARIKI [2023] NZHC 309

Citation

[2023] NZHC 309
Court

High Court

Summary judgment was declined because the claimant sought recognition of a novel tort co-extensive with statutory privacy entitlements, which conflicts with binding authority rejecting such extensions; the pleaded facts did not involve publication required for the invasion tort; material issues of causation, remoteness and quantum were contested and unsuitable for summary disposal; and the Privacy Act provides an alternative remedial scheme (Tribunal) making the new tort inappropriate to recognize on summary judgment.
9 Oct 2009

COMMERCE COMMISSION V TELECOM CORPORATION OF NEW ZEALAND LIMITED AND ANOR HC AK CIV 2004-404-1333

Citation

openlaw-21f853af_6df3_4cb3_874e_2fc909222793.pdf
Court

High Court

The Court held that Telecom used or took advantage of its dominance/market power in the wholesale data tails market from 18 March 2001 until late 2004 by charging wholesale prices for data tails that breached ECPR (and in many instances exceeded Telecom's own retail prices), thereby causing a price squeeze that deterred competition in downstream retail and backbone markets; declaratory and pecuniary relief is limited to conduct after 18 March 2001 and the question of penalties was reserved for later determination.