6 Dec 2005
SAXMERE COMPANY LIMITED AND OTHERS V THE WOOL BOARD DISESTABLISHMENT COMPANY LIMITED HC WN CIV 485-2003-2724
- Citation
- openlaw-7ebe46f3_16c0_4785_a775_e8a4d5517ec7.pdf
- Court
- High Court
The Court held that the Wool Board breached s6(6) of the Wool Board Act 1997 by failing to consider reasonable alternative mechanisms and entities and to satisfy itself that the chosen mechanism was likely the most efficient and effective means in May 1998 (declining Saxmere) and in August 2001 (capitalising NZMC). Restitution of levies was denied because the levy was lawfully imposed and the Woolwich principle does not extend to spending choices where the levy was validly collected. The Court recognised a private cause of action for breach of s6(6) and a duty of care in negligence limited to…