12 Nov 2019
COMMERCE COMMISSION v HOME DIRECT LIMITED [2019] NZHC 2943
- Citation
- [2019] 3 NZLR 904
- Court
- High Court
The Court declared that the No Refunds term and the 12-month Expiry term in Home Direct's voucher entitlement scheme, when operating together and viewed in the context of the contract as a whole and their lack of transparency, are unfair under s46L(1) FTA because they cause a significant imbalance in rights and obligations, are not reasonably necessary to protect Home Direct's legitimate interests, and would cause detriment if applied, enforced or relied on; accordingly declarations and prohibitions under s26A FTA were made.