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.