9 Oct 2014
COMMERCE COMMISSION v SPORTZONE MOTORCYCLES LIMITED (In Liquidation) [2014] NZHC 2486
- Citation
- [2014] NZHC 2486
- Court
- High Court
The Court applied the close relevance test under s 41 CCCFA: fees are unreasonable to the extent they recover costs not closely relevant to the specific activity charged. The Commission's expert methodology was accepted as generally appropriate for quantification and, having established unreasonableness, the evidential onus shifts to the lender to justify larger allocations. Core funding costs (treasury, securitisation, cost of capital) and broad overheads (training, directors' fees, travel, general legal/accounting/audit costs) are not recoverable via fees and must be recovered via interest…