New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Credit fees

Legal area

Court

31 May 2017

COMMERCE COMMISSION v HARMONEY LTD [2017] NZHC 1167

Citation

(2017) 14 TCLR 572
Court

High Court

The Court held that the Commission is entitled to use the case stated procedure under s100A as imported by s113(g) CCCFA to obtain determinations on questions of law arising in its matters; questions 1 (which documents comprise the credit contract), 3 (which entity is creditor) and 4 (whether the platform fee is a credit fee) are legally identifiable questions appropriate for a case stated (questions 3 and 4 to be prefaced 'on the basis of the documents and the factual summary'); questions 2 (whether the transaction is in substance a credit contract under s7(2)) and 5 (whether the platform fe…
24 Mar 2015

SPORTZONE MOTORCYCLES LIMITED (IN LIQUIDATION) AND MOTOR TRADE FINANCES LIMITED V COMMERCE COMMISSION CA727/2013 AND CA593/2014 [2015] NZCA 78

Citation

(2015) 14 TCLR22
Court

Court of Appeal

The Court held that ss 41, 42 and 44 must be applied so that fees are justified by costs that are sufficiently close and relevant to the enumerated fee activity; the broad 'beneficial relationship' or full cost absorption approach is rejected; High Court findings that Sportzone/MTF charged unreasonable fees were upheld; where loss is proved s 94 relief (repayment) is available.