21 Jul 2008
THE ATTORNEY-GENERAL V CONTACT ENERGY LIMITED HC WN CIV 2007-485-1960
- Citation
- openlaw-cf1bd792_a1fd_4290_854f_46bd70b6acb2.pdf
- Court
- High Court
The Court held Contact failed to satisfy the exacting test for summary judgment or strike out because the Crown's claims are not precisely the same as those decided in 2001, the SNZ revisions and the Crown's exercise of clause 12.6.2 raise new or different issues not previously determined, there are real factual disputes (including intent, timing and whether the Crown found the over/undercharge within two years) and a reasonable argument exists that clause 12.6.2 permits reopening invoices to reflect revised PPI figures; accordingly the interlocutory applications were dismissed and the matter…
- Invoice revision
- Price index interpretation (ppi/sn9)
- Cause of action estoppel
- Issue estoppel
- Henderson v henderson (abuse of process)
- Summary judgment