29 Sept 2009
WATSON & SON LIMITED V ACTIVE MANUKA HONEY ASSOCIATION INCORPORATED AND ORS HC HAM CIV 2008-419-1495
- Citation
- openlaw-461e512e_ef0f_4a36_a2f3_41b56ec70290.pdf
- Court
- High Court
The Court struck out Comvita New Zealand Ltd because the Amended Statement of Claim failed to plead sufficient primary facts to establish that Comvita UK acted as agent of Comvita NZ; the agency allegation was conclusory and therefore no tenable cause of action against Comvita NZ was disclosed. The strike-out was ordered on the ground of no reasonable cause of action.
- Section 27 commerce act 1986 (anti-competitive arrangements)
- Unlawful interference with contractual relations
- Agency and attribution between corporate group members
- Strike-out for no reasonable cause of action / improper joinder
- Statutory demand / companies act s290
- Fair trading act 1986 s9