New Zealand Case Law: Decisions & Judgments | LexChat

Topic

New entrant definition

Legal area

Court

21 Dec 2017

FONTERRA CO-OPERATIVE GROUP LIMITED v MCINTYRE AND WILLIAMSON PARTNERSHIP AND OTHERS [2017] NZSC 197

Citation

[2017] NZSC 197
Court

Supreme Court

Majority held respondents were "new entrants" because they applied to become shareholding farmers and Fonterra accepted those applications (including under s 74(3)), bringing them within subpart 5 protections; the three differential terms (additional price reduction, prohibition on sharing-up in first season, and refusal to purchase vats) were not rationally connected to legitimate differing circumstances but acted as penalties and therefore breached s106(1).
10 Apr 2017

FONTERRA CO-OPERATIVE GROUP LIMITED v MCINTYRE AND WILLIAMSON PARTNERSHIP AND OTHERS [2017] NZSC 47

Citation

[2017] NZSC 47
Court

Supreme Court

The Supreme Court granted leave to appeal and approved two questions for determination: whether the respondents were "new entrants" under s106 and, if so, whether Fonterra breached s106 by offering the supply terms. The Supreme Court order did not decide the merits; the Court of Appeal had answered both questions in the affirmative.